I 


'OT 


Our  Foreign  Service 


The  "A  B  C"  of 
AMERICAN  DIPLOMACY 


By 

FREDERICK  VAN  DYNE,  LL.M., 

American  Consul;   Formerly   Assistant  Solicitor  of  the  Department 

OF  State  of  the  United  States;  Author  of  "  Citizenship 

of  the  United  States,"  "Van  Dyne 

on  Naturalization,"  Etc. 


1909 

the  lawyers  co-operative  publishing  company 

rochester.  n.  y. 


'    >     '    >    J      ^.'     >    J        ' 


Copyright   190  8. 
By    FREDERICK    VAN    UYNE. 


E.    R.    ANDRF.  VVS    PRINTING    CO. 
PRINTERS,    KOCH  EST  liR.    N.Y. 


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Contents 


Pa^f. 


Vll 


PREFACE   

CHAPTER  I  — The  Department  of  State       1 

CHAPTER  n  — Our  Diplomatic  Service    ......  45 

CHAPTER  in  — Our  Consular  Service 117 

CHAPTER  IV  —  Citizenship,  Expatriation  and   Passports  181 

^        CHAPTER  V  —  The  Literature  OF  THE  Subject:     Bibliog-  197 

O  RAPHY      

^         APPENDIX 207 

INDEX 287 


Illustrations 


The  Department  of  State Frontispiece 

Commercial  Reading  Room  at  Kingston,  Jamaica     .       Page  166 


Preface 

THE  Act  of  Congress  of  April  5,  1906,  re-organ- 
izing our  Consular  Service,  and  the  Executive 
Order  of  June  27th  following,  placing  appoint- 
ments and  promotions  on  a  civil-service  basis,  make 
possible  an  attractive  and  honorable  career  for  young 
men  of  ambition  and  ability,  in  that  branch  of  our  for- 
eign service. 

The  same  principle  was  applied  to  the  Diplomatic 
Service  by  the  Presidential  Order  of  November  10, 
1905,  which  provides  that  vacancies  in  the  ofifice  of  Sec- 
retary of  Embassy  or  Legation  shall  be  filled  by  pro- 
motion or  transfer  from  some  branch  of  the  foreign 
service  or  by  the  appointment  of  persons  found  to  pos- 
sess the  requisite  qualifications  who  shall  have  been  des- 
ignated by  the  President  for  examination.  While  this 
does  not  apply  to  the  appointment  of  Ambassadors  and 
Ministers,  the  principle  of  promotion  for  meritorious 
service  governs  in  the  Diplomatic  Service  to  an  extent 
that  is  not  generally  appreciated.  The  United  States 
is  represented  in  foreign  countries  by  ten  Ambassadors 
and  thirty-two  Ministers.  Nine  of  the  ten  Ambassa- 
dors previously  served  as  Ministers  and  the  other  had 
before  served  as  an  Ambassador.  Three  began  their 
diplomatic  career  as  Secretaries  of  Legation.  One  had 
been  Assistant  Secretary  of  State,  and  one  had  served 
as  a  Consul.    Of  the  Ministers,  seventeen  had  previous- 

vii 


ly  served  as  Ministers.  Thirteen  began  their  diplo- 
matic career  as  Secretaries  of  Legation.  Two  had 
served  as  Assistant  Secretaries  of  State,  and  four  had 
served  as  Consuls. 

With  the  remarkable  development  of  our  foreign 
commerce  and  the  greatly  enlarged  part  taken  by  our 
Government  in  international  matters  during  recent 
years,  greater  interest  is  being  taken  in  foreign  affairs 
by  the  general  public.  Universities,  colleges  and  law 
schools  are  devoting  more  attention  to  international 
subjects,  and  some  are  providing  special  facilities  for 
the  preparation  of  students  for  the  foreign  service. 

To  meet  the  needs  of  the  general  reader,  the  college 
student,  and  the  ambitious  young  man  who,  though 
denied  the  advantages  of  a  course  in  the  higher  insti- 
tutions of  learning,  aspires  to  a  position  in  our  foreign 
service,  this  elementary  work  has  been  prepared.  It 
will  be  of  especial  value  to  newly  appointed  diplomatic 
and  consular  officers.  The  writer  ventures  to  hope  that 
it  will  be  found  useful  and  interesting  also  to  the  legal 
profession  and  diplomatic  and  consular  officers  gener- 
ally. 

The  subject  is  considered  under  five  different  heads, 
the  first  chapter  dealing  with  the  Department  of  State, 
the  official  organ  of  communication  between  this  gov- 
ernment and  foreign  nations.  The  second  treats  of 
the  Diplomatic  Service,  representing  the  political 
branch  of  this  government  in  foreign  countries.  The 
third  concerns  the  Consular  Service,  which  represents 
the  commercial  or  business  interests  of  the  nation.    The 

viii 


fourth  chapter  treats  briefly  of  Citizenship  and  the  fifth 
is  devoted  to  the  Hterature  of  the  subject.  There  is 
an  Appendix,  containing  the  Regulations  governing 
Examinations  for  Consular  positions,  and  for  the  office 
of  Secretary  of  Embassy  or  Legation;  Regulations 
governing  Appointments  and  Promotions  in  the  Con- 
sular Service ;  Sample  Examination  Papers ;  and  a 
List  of  the  present  Diplomatic  and  Consular  Officers. 

F.  V. 


IX 


The  Department  of  State 


Our  Foreign  Service 

CHAPTER  I 
The  Department  of  State 

The  Declaration  of  Independence  asserted  that  the 
united  colonies  as  independent  states  possessed  "full 
power  to  levy  war,  conclude  peace,  contract  alliances, 
and  establish  commerce."  As  there  was  no  distinct  ex- 
ecutive head  of  the  government,  the  foreign  affairs  of 
the  colonies  were  conducted  by  the  Continental  Con- 
gress, at  first  through  a  committee  known  as  the  "Com- 
mittee of  Secret  Correspondence,"  of  which  Benjamin 
Franklin,  the  first  and  greatest  American  diplomat, 
was  chairman ;  and  later  through  a  "Committee  for 
Foreign  Affairs."  Congress  initiated  and  directed  the 
negotiations,  discussed  in  detail  the  terms  of  treaties 
to  be  made,  and  in  all  cases  before  a  draft  or  plan  of 
a  treaty  was  sent  to  our  agents  abroad,  it  was  adopted 
by  Congress. 

Under  the  Confederation,  a  "Department  of  Foreign 
Affairs"  was  established,  with  a  "Secretary  for  Foreign 
Affairs"  at  its  head.  The  authority  of  the  head  of  this 
Department  was  limited,  as  he  was  required  to  submit 
to  Congress  all  dispatches  and  communications  from 
For.  Serv. — i  I 


OUR     FOREIGN     SERVICE 

abroad  as  well  as  drafts  of  his  replies,  and  Congress 
continued  to  pass  resolutions  directing  the  policy  our 
foreign  ministers  were  to  pursue. 

Notwithstanding  the  lack  of  an  Executive  clothed 
with  power  to  act  independently  in  the  management  of 
foreign  affairs,  and  the  difficulties  with  which  Con- 
gress had  to  contend  in  determining  a  fixed  line  of  pub- 
lic policy,  the  results  of  our  diplomacy  during  this 
period  are  remarkable.  Between  1776,  when  independ- 
ence was  declared,  and  1789,  when  the  new  govern- 
ment under  the  Constitution  went  into  operation,  no 
less  than  fourteen  treaties  were  concluded  between  the 
United  States  and  foreign  governments.  These  trea- 
ties covered  a  great  variety  of  matters  and  constitute 
in  a  large  measure  the  basis  of  our  international  law. 
They  were  entered  into  with  France,  Great  Britain, 
Morocco,  the  Netherlands,  Prussia  and  Sweden,  and 
embodied  stipulations  in  relation  to  commerce,  navi- 
gation, consular  privileges,  war,  political  alliance,  loans, 
neutrality,  and  religious  freedom. 

The  Constitution  of  the  United  States,  adopted  in 
1787,  makes  the  President  Commander-in-Chief  of  the 
Army  and  Navy,  and  empowers  him,  with  the  concur- 
rence of  the  Senate,  "to  make  treaties,"  and  "to  ap- 
point ambassadors,  other  public  ministers  and  consuls." 
It  also  authorizes  him  "to  receive  ambassadors  and 
other  public  ministers."  The  President  is  thus  made 
the  channel  of  communication  between  the  United 
States  and  foreign  nations.     He  initiates  negotiations 

2 


DEPARTMENT     O  1^^     STATE 

and  concludes  treaties;  and  under  the  constitutional 
provision  enjoining  the  President  "to  take  care  that 
the  laws  be  faithfully  executed,"  he  is  required  to  see 
that  the  treaties  of  the  United  States  are  carried  out. 

One  of  the  first  acts  of  Congress  after  the  establish- 
ment of  the  new  government  under  the  Constitution, 
was  to  provide  the  President  with  the  necessary  ma- 
chinery to  conduct  the  foreign  affairs  of  the  nation. 
The  Act  of  July  27,  1789,  established  an  Executive 
Department,  denominated  the  Department  of  Foreign 
Affairs;  and  provided  that  the  principal  officer  therein 
should  be  called  the  Secretary  for  the  Department  of 
Foreign  Affairs;  that  he  should  "perform  such  duties 
as  shall  from  time  to  time  be  enjoined  on  or  entrusted 
to  him  by  the  President,  relative  to  correspondences, 
commissions,  or  instructions  to  or  with  public  minis- 
ters or  consuls  from  the  United  States,  or  to  nego- 
tiations with  public  ministers  from  foreign  states  or 
princes,  or  to  memorials  or  other  applications  from 
foreign  public  ministers  or  other  foreigners,  or  to  such 
other  matters  respecting  foreign  affairs  as  the  Presi- 
dent shall  assign  to  the  Department;"  also  that  "he 
shall  conduct  the  business  of  the  Department  in  such 
manner  as  the  President  shall  direct." 

The  Act  of  September  15,  1789,  made  the  Secretary 
the  custodian  of  the  seal  of  the  United  States,  required 
him  to  receive  and  publish  the  laws  of  the  United 
States,  imposed  various  other  domestic  functions  upon 
the  Department,  and  changed  its  name  to  the  "Depart- 
ment of  State"  and  the  title  of  the  principal  officer  to 

3 


OUR     FOREIGN     SERVICE 

"Secretary  of  State."  In  the  earlier  years  of  the 
nation  numerous  otiier  duties  were  added  to  the  De- 
partment which  have  since  been  transferred  to  other 
Departments.  Only  those  functions  having  some  re- 
lation to  foreign  a^airs  and  which  still  appertain  to 
the  Department  of  State  will  be  considered  here. 

The  Department  of  State  is  the  legal  organ  of 
communication  between  this  government  and  foreign 
nations.  All  communications  from  foreign  govern- 
ments are  transmitted  to  the  Secretary  of  State,  either 
through  our  diplomatic  representatives  abroad  or 
through  the  representatives  of  the  foreign  govern- 
ments at  Washington.  The  Secretary  of  State  has  the 
general  superintendence,  under  the  direction  of  the 
President,  of  our  foreign  relations.  The  office  of  Sec- 
retary of  State  is  regarded  as  the  most  important  place 
in  the  Cabinet.  The  Secretary  succeeds  to  the  Presi- 
dency upon  the  death  or  disability  of  the  President  and 
Vice  President.  He  sits  at  the  right  hand  of  the 
President  at  the  Cabinet  table,  and  is  given  precedence 
over  his  colleagues  on  occasions  of  ceremony.  He 
holds  very  important  and  confidential  relations  with 
the  President,  and,  because  the  latter  seldom  has  leisure 
to  give  continuous  attention  to  foreign  affairs,  the 
initiative  in  matters  of  foreign  policy  is  frequently 
left  to  the  Secretary. 

Important  dispatches,  such  as  those  declaring  a 
national  policy  or  relating  to  grave  international  dif- 
ferences, are  prepared  by  the  Secretary  of  State,  or 
by  a  subordinate  official  under  his  direction,  and  are 

4 


DEPARTMENT     OF     STATE 

made  the  subject  of  a  conference  with  the  President, 
and  sometimes  of  a  Cabinet  discussion.  On  rare  oc- 
casions the  President  himself  may  prepare  a  draft  of 
a  proposed  communication,  but  the  communication  is 
always  signed  by  the  Secretary.  Dispatches  or  notes 
embodying  less  important  questions  are  generally  pre- 
pared by  a  subordinate  and  submitted  to  the  Secretary 
for  his  signature  or  modification. 

Thanksgiving  proclamations,  responses  to  be  made 
by  the  President  on  the  presentation  of  foreign  diplo- 
matic representatives,  and  congratulatory  letters  signed 
by  the  President  upon  the  official  announcement  of  the 
birth  of  a  prince  or  princess  of  a  Royal  family  and 
similar  occasions,  are  almost  invariably  prepared  at 
the  Department  of  State. 

All  treaties,  proclamations,  and  other  documents 
concerning  foreign  affairs,  are  published  by  the  Sec- 
retary of  State.  Full  powers,  credentials,  and  instruc- 
tions to  our  diplomatic  agents  are  given  by  him  or 
under  his  direction. 

Communications  from  the  Department  to  our  diplo- 
matic representatives  are  called  "instructions."  Those 
addressed  to  the  Department  by  our  representatives 
are  termed  "dispatches."  Communications  between 
the  Department  and  representatives  of  foreign  coun- 
tries at  Washington,  or  between  our  representatives 
and  Foreign  Offices  abroad,  are  termed  "notes." 

The  following  is  an  example  of  an  "Instruction," 
showing  the  formal  beginning  and  ending : 

5 


OUR     FOREIGN     SERVICE 

"No.  239.  Department  of  State, 

Washing-ton,  June  30,  1906. 
Sir :     The  memorandum  enclosed  in  the  note  from 
Sir  Edward  Grey  to  you  of  February  2,   1906,  and 
transmitted  by  you  on  the  6th  of  February,  has  re- 
ceived careful  consideration. 

You  will  inform  His  Majestj's  Government  of  these 
views  and  ask  for  such  action  as  shall  prevent  any 
interference  upon  any  ground  by  the  officers  of  the 
Newfoundland  Government  with  American  fishermen 
when  they  go  to  exercise  their  treaty  rights  upon  the 
Newfoundland  coast  during  the  approaching  fishing 
season. 

I  am,  Sir, 

Your  obedient  servant, 

Elihu  Root" 
The  Honorable  Whitelaw  Reid, 

&c.,  &c.,  &c. 


Dispatches  are  of  the  following  form : 
"No.  136. 

Legation  of  the  United  States, 

Madrid,  April,  12,  1908. 
To  the  Honorable  Elihu  Root, 

Secretary  of  State, 

Washington,  D.  C. 
Sir: 

I  have  the  honor  to  enclose  herewith  a  copy  of  the 

6 


DEPARTMENT     OF     STATE 

reply  of  the  Spanish  Minister  for  Foreign  Affairs  to 
my  presentation  of  the  claim  of  the  American  citizen 
against  the  Spanish  Government. 

I  desire  further  instructions  concerning  the  claim 

before  making  formal  answer  to  Minister . 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

William  Collier." 


The  following  shows  the  form  of  a  "Note:" 

"American  Embassy,  London. 

September  4,  1907. 

Sir: 

I  am  authorized  by  my  Government  to  ratify  a 
Modus  Vivendi  in  regard  to  the  Newfoundland  fishery 
question,  as  follows : 

I  am  glad  to  be  assured  by  you  that  this  note  will 
be  considered  as  sufficient  ratification  of  the  Modus 
Vivendi  on  the  part  of  my  Government. 

I  have  the  honor  to  be,  with  the  highest  considera- 
tion, Sir, 

Your  most  obedient  humble  servant, 

Whitelaw  Reid." 

The  Right  Honorable  Sir  Edward  Grey, 

&c.,  &c.,  &c. 


OUR     FOREIGN     SERVICE 

Negotiation  of  Treaties 

One  of  the  most  important  functions  of  the  Secre- 
tary of  State  is  the  negotiation  of  treaties  and  other 
international  agreements.  During  the  last  session  of 
Congress  twenty  treaties  and  conventions  were  ratified. 

Negotiations  may  be  initiated  in  either  of  two  ways. 
The  Secretary  of  State  may  take  the  negotiations  up 
with  the  diplomatic  representatives  of  the  foreign  coun- 
try at  Washington,  who,  if  his  government  is  agree- 
able, treats  directly  with  the  Secretary,  acting,  of 
course,  under  the  instructions  of  his  government;  or 
the  Secretary  may  direct  the  representative  of  the 
United  States  in  the  foreign  country  to  take  up  the 
negotiations  with  the  Foreign  Office  of  the  other 
country,  in  which  case  our  representative  acts  under 
instructions  from  the  Department  of  State.  When  our 
representative  is  entrusted  with  the  negotiation  of  a 
treaty  a  "full  power"  is  given  him.  This  is  his  power 
of  attorney. 

The  government  proposing  the  negotiations  gener- 
ally prefers  to  conduct  them  at  its  own  capital,  unless 
this  course  is  objectionable  to  the  other  party.  If  the 
negotiations  are  to  be  conducted  in  Washington,  the 
usual  course  is  for  the  Secretary  to  transmit  to  the 
foreign  ambassador  or  minister  here  a  draft  of  the 
proposed  treaty,  prepared  at  the  Department  of  State,  ac- 
companying it  with  a  note  or  memorandum  explaining 
its  provisions.  Frequently  the  foreign  representative, 
after  consideration  of  the  draft,  comes  to  the  Depart- 

8 


DEPARTMENT     OF     STATE 

ment  and  confers  with  the  Secretary,  asking  for  fur- 
ther explanations  concerning  certain  provisions  or  point- 
ing out  the  inabihty  of  his  own  government,  to  agree  to 
special  stipulations  proposed.  Before  replying  form- 
ally to  the  communication  of  the  Secretary  of  State, 
it  is  the  usual  practice  for  the  foreign  representative 
to  transmit  a  copy  of  the  draft  and  accompanying 
memorandum  to  his  government,  in  order  that  specific 
instructions  may  be  given  him.  His  government, 
after  consideration  of  the  matter,  if  it  desires  to  make 
changes,  prepares  a  "counter-draft"  embodying  the 
provisions  it  is  willing  to  agree  to,  and  transmits  it, 
together  with  a  memorandum  explaining  its  views,  to 
its  minister  in  Washington,  to  be  forwarded  by  him 
to  the  Department  of  State.  The  minister  may  again 
call  on  the  Secretary  for  the  purpose  of  submitting 
orally  any  argument  or  explanation  that  may  occur 
to  him  in  support  of  the  views  of  his  government.  The 
negotiations  continue  until  an  agreement  is  reached 
or  until  it  becomes  evident  that  it  is  impossible  to  reach 
an  accord. 

When  the  terms  of  a  treaty  are  agreed  upon,  two 
exact  copies  are  engrossed  at  the  Department  of  State, 
and  signed  by  the  Secretary  and  the  foreign  minister. 
Where  the  two  countries  have  not  a  common  langfuaee 
the  texts  in  the  two  languages  are  engrossed  in  parallel 
columns.  In  drawing  up  treaties  this  government  ad- 
heres to  the  "alternat,"  by  which  in  the  copy  of  the 
treaty  to  be  retained  by  this  government,  the  United 
States  is  named  first,  and  our  plenipotentiary  signs  first. 

9 


OUR     FOREIGN     SERVICE 

In  the  copy  to  be  retained  by  the  foreign  government 
that  government  is  named  first  and  its  plenipotentiary 
signs  first.  The  seal  of  each  plenipotentiary  is  placed  af- 
ter his  signature.  Two  narrow  pieces  of  red,  white  and 
blue  striped  silk  ribbon  are  laid  across  the  page,  some  hot 
wax  is  dropped  on  the  document  at  the  place  where 
the  impression  of  the  seal  is  to  be  made,  and  the  seals 
are  placed  on  this,  the  ribbon  thus  fastened  to  the 
seals  being  used  to  bind  the  pages  of  the  instrument. 
When  the  treaty  is  ratified,  a  day  is  fixed  and  the 
plenipotentiaries  meet  and  exchange  ratifications.  The 
ratification  is  attached  to  the  instrument.  When  the 
ratification  is  completed,  proclamation  of  the  fact  and 
publication  of  the  text  are  made  simultaneously  at 
the  capitals  of  each  nation,  upon  a  day  agreed  upon. 

In  early  times  the  formal  parts  of  treaties  were 
somewhat  complicated.  Orientals  especially  employing 
very  florid  teiTns  in  describing  the  contracting  parties. 
For  instance,  the  opening  language  of  the  Treaty  of 
Friendship  and  Commerce  between  the  United  States 
and  Persia,  signed  in  1856,  is  as  follows: 

"In  the  name  of  God,  the  clement  and  the  merciful. 
The  President  of  the  United  States  of  North  Ameri- 
ca, and  His  Majesty  as  exalted  as  the  planet  Saturn ; 
the  Sovereign  to  whom  the  sun  serves  as  a  standard; 
whose  splendor  and  magnificence  are  equal  to  that  of 
the  skies;  the  Sublime  Sovereign,  the  Monarch  whose 
armies  are  as  numerous  as  the  stars;  whose  greatness 
calls  to  mind  that  of  Jeinshid ;  whose  magnificence 
equals  that  of  Darius ;  the  heir  of  the  crown  and  throne 

10 


DEPARTMENT     OF     STATE 

of  the  Kayanians ;  the  Sublime  Emperor  of  all  Persia ; 
being  both  equally  and  sincerely  desirous  of  establish- 
ing relations  of  friendship  between  the  two  Govern- 
ments, which  they  wish  to  strengthen  by  a  treaty  of 
friendship  and  commerce  reciprocally  advantageous 
and  useful  to  the  citizens  and  subjects  of  the  two  high 
contracting  parties ;"  etc. 

But  in  modern  treaties  the  brief  and  simple  form, 
most  fitting  for  such  solemn  instruments,  is  used.  The 
recent  supplementary  convention  between  the  United 
States  and  Japan  for  the  extradition  of  criminals  is 
given  as  an  example.    It  reads  : 

"The  President  of  the  United  States  of  America 
and  His  Majesty  the  Emperor  of  Japan,  being  desir- 
ous to  add  the  crimes  of  embezzlement  of  private 
moneys  or  property  and  larceny  to  the  list  of  crimes 
or  offenses  on  account  of  which  extradition  may  be 
gfranted  under  the  Treatv  concluded  between  the  two 
countries  on  the  29th  day  of  April,  1886,  with  a  view 
to  the  better  administration  of  justice  and  the  preven- 
tion of  crime  in  their  respective  territories  and  juris- 
dictions, have  resolved  to  conclude  a  Supplementary 
Convention,  and  for  this  purpose  have  appointed  as 
their  Plenipotentiaries  to  wit :  The  President  of  the 
United  States  of  America,  Huntington  Wilson,  Charge 
d'  Affairs  ad  interim  of  the  United  States  of  America 
at  Tokio,  and  His  Majesty  the  Emperor  of  Japan, 
Marquis  Kinmoti  Saionzi,  Shonii,  First  Class  of  the 
Imperial  Order  of  the  Rising  Sun,  His  Imperial  Ma- 
jesty's Minister  of  State  for  Foreign  Affairs;  Who, 

II 


OUR     FOREIGN     SERVICE 

after  having  communicated  to  each  other  their  respect- 
ive full  powers,  which  were  found  to  be  in  due  and 
proper  form,  have  agreed  to  and  concluded  the  fol- 
lowing: 

Article 

The  following  crimes  are  added  to  the  list  of  crimes 
or  offenses  numbered  i  to  13  in  the  Article  of  the  said 
Treaty  of  the  29th  day  of  April,  1886,  on  account  of 
which  extradition  may  be  granted,  that  is  to  say : 

"Embezzlement  by  persons  hired  or  salaried,  to  the 
detriment  of  their  employers,  where  the  amount  of 
money  or  the  value  of  the  property  embezzled  is  not 
less  than  $200  or  400  Yen. 

"Larceny  where  the  offense  is  punishable  by  impris- 
onment for  one  year  or  more,  or  for  which  sentence 
of  imprisonment  for  one  year  or  more  has  been  pro- 
nounced. 

"The  present  convention  shall  be  ratified  and  the 
ratifications  shall  be  exchanged  at  Tokio  as  soon  as 
possible. 

"It  shall  come  into  force  ten  days  after  the  exchange 
of  the  ratifications  and  it  shall  continue  and  terminate 
in  the  same  manner  as  the  said  Treaty  of  the  29th  day 
of  April,  1886. 

"In  testimony  whereof  the  respective  plenipotentia- 
ries have  signed  the  present  Convention  and  affixed 
thereto  their  seals. 

"Done  in  duplicate  at  Tokio  in  the  English   and 

12 


DEPARTMENT     OF     STATE 

Japanese  languages,  this  17th  day  of  May  one  thousand 
nine  hundred  and  six. 

(Seal)  Huntington  Wilson. 

(Seal)  Marquis    Saionzi." 

The  proclamation  promulgated  by  the  President 
after  the  exchange  of  ratifications  is  in  the  following 
form: 

"Whereas  a  supplementary  Convention  between  the 
United  States  of  America  and  His  Majesty  the  Emper- 
or of  Japan  providing  for  the  addition  of  the  crime  of 
embezzlement  of  private  moneys  or  property  and  lar- 
ceny to  the  list  of  crimes  and  offenses  on  account  of 
which  extradition  may  be  granted  between  the  two 
countries,  was  concluded  and  signed  by  their  respective 
plenipotentiaries  at  Tokio,  on  the  seventeenth  day  of 
May,  one  thousand  nine  hundred  and  six,  the  original 
of  which  Supplementary  Convention,  being  in  the  En- 
glish and  Japanese  languages,  is  word  for  word  as 
follows : 

(Here  follows  the  entire  text  of  the  Convention  as 
quoted  above.) 

"And  whereas  the  said  Supplementary  Convention 
has  been  duly  ratified  on  both  parts,  and  the  ratifica- 
tions of  the  two  governments  were  exchanged  in  the 
city  of  Tokio  on  the  twenty-fifth  day  of  September, 
1906. 

"Now  therefore  be  it  known  that  I,  Theodore  Roose- 
velt, President  of  the  United  States  of  America,  have 
caused  the  said  Supplementary  Convention  to  be  made 

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OUR     FOREIGN     SERVICE 

public,  to  the  end  that  the  same  may  be  observed  and 
fulfilled  with  good  faith  by  the  United  States  and  the 
citizens  thereof. 

"In  testimony  whereof,  I  have  hereunto  set  my  hand 
and  caused  the  seal  of  the  United  States  to  be  affixed. 

"Done  at  the  city  of  Washington,  this  twenty-sixth 
day  of  September  in  the  year  of  our  Lord  one  thousand 
nine  hundred  and  six,  and  of  the  Independence  of  the 
United  States  of  America  the  one  hundred  and  thirty- 
first. 

By  the  President  Theodore  Roosevelt. 

Alvey  A.  Adee, 

Acting  Secretary  of  State." 

The  preparation  of  instructions  for  the  guidance  of 
commissioners  or  delegates  of  the  United  States  to 
international  congresses,  commissions  and  conferences 
is  another  responsible  duty  of  the  Department  of  State. 

Extradition 

Under  our  system,  a  fugitive  criminal  cannot  be 
surrendered  by  the  United  States  in  the  absence  of 
treaty  stipulation,  and  for  many  years  it  was  the  prac- 
tice of  this  government  to  decline  to  request  a  foreign 
government  to  extradite  in  the  absence  of  a  treaty  pro- 
viding for  surrender.  The  present  practice,  however, 
is  to  request  extradition  in  such  circumstances  as  an 
act  of  comity,  stating  at  the  same  time  that  it  is  im- 
possible for  this  government  to  reciprocate. 

14 


DEPARTMENT     OF     STATE 

The  United  States  now  has  extradition  treaties  with 
Argentine  Republic,  Austria,  Baden,  Bavaria,  Belgium, 
Bolivia,  Brazil,  Bremen,  Chile,  Colombia,  Cuba,  Den- 
mark, Ecuador,  France,  Great  Britain,  Guatemala, 
Italy,  Japan,  Luxemburg,  Mecklenburg-Schwerin, 
Mecklenburg-Strelitz,  Mexico,  Netherlands,  Nicara- 
gua, North  German  Confederation,  Norway,  Olden- 
burg, Ottoman  Empire,  Panama,  Peru,  Prussia,  Rus- 
sia, San  Marino,  Schaumburg-Lippe,  Servia,  Spain, 
Sweden,  Switzerland,  Uruguay,  and  Wiirttemburg. 

When  extradition  is  sought  for  an  offense  within  the 
jurisdiction  of  a  state  court,  and  the  fugitive  is  believed 
to  be  in  a  country  with  which  the  United  States  has  a 
treaty  providing  for  surrender,  the  procedure  is  as 
follows :  The  governor  makes  formal  application  to 
the  Secretary  of  State  for  a  requisition  and  transmits, 
in  duplicate,  copies  of  the  indictment  or  information, 
warrant  of  arrest  and  return,  and  of  the  evidence  upon 
which  the  indictment  was  found,  or  original  depositions 
setting  forth  the  circumstances  of  the  crime.  The 
governor  is  also  required  to  name  a  person  for  desig- 
nation by  the  President  to  receive  and  convey  the 
prisoner  to  the  United  States.  Where  the  offense 
charged  is  against  the  United  States,  the  application 
for  requisition  comes  from  the  Attorney  General. 

The  application  and  accompanying  papers  are  care- 
fully scrutinized  at  the  Department  of  State  to  deter- 
mine whether  the  offense  charged  is  included  in  the 
particular  treaty,  whether  the  evidence  is  sufficient  to 
make  out  a  prima  facie  case^under  the  treaty,  and  is 

15 


OUR     FOREIGN     SERVICE 

properly  authenticated.  If  these  conditions  are  met, 
the  papers  are  authenticated  under  the  seal  of  the 
Department,  so  as  to  make  them  receivable  as  evidence 
in  the  foreign  country,  an  instruction  is  sent  to  our 
diplomatic  representative  there,  directing  him  to  make 
formal  request  for  the  extradition  of  the  accused,  and  a 
document  called  the  "President's  Warrant,"  designat- 
ing as  the  agent  of  the  President  the  person  proposed 
by  the  governor  to  receive  and  bring  back  the  fugitive, 
is  issued.  This  warrant  and  the  authenticated  docu- 
ments are  delivered  to  the  agent,  who  proceeds  to  the 
foreign  country. 

Applications  by  telegraph  are  frequently  made  for 
the  provisional  arrest  and  detention  of  fugitives  in 
advance  of  the  presentation  of  formal  proofs.  These 
are  generally  complied  with  where  it  appears  that  an 
indictment  has  been  found  or  a  warrant  issued  for  the 
apprehension  of  the  accused  at  the  place  where  the 
offense  was  committed. 

When  a  foreign  government  seeks  the  extradition 
of  a  fugitive  criminal  who  has  fled  to  the  United  States, 
the  procedure  is  for  the  consul  or  some  one  acting  for 
the  demanding  government,  to  make  complaint,  under 
oath,  before  a  court  or  magistrate  authorized  to  act 
in  extradition  cases,  within  the  district  in  which  the 
fugitive  criminal  is  suspected  to  be,  charging  him  with 
the  commission  in  such  foreign  country  of  an  offense 
provided  for  by  treaty  between  the  two  countries; 
whereupon  the  magistrate  issues  a  warrant  and  the 
fugitive,  if  apprehended,  is  brought  before  him  and 

i6 


DEPARTMENT     OF     STATE 

the  evidence  of  his  guilt  is  presented  and  considered. 
If  deemed  sufficient,  the  evidence,  together  with  a  copy 
of  any  testimony  taken,  is  certified  to  the  Secretary  of 
State,  and  the  accused  is  committed  to  jail  to  await 
the  action  of  the  Secretary. 

Upon  receipt  of  the  transcript  of  the  judicial  pro- 
ceedings, and  of  a  formal  request  for  surrender  from 
the  diplomatic  representative  of  the  demanding  coun- 
try, an  examination  is  made  at  the  Department  to  see 
whether  a  case  has  been  established  warranting  sur- 
render under  the  law  and  trea'"/  applicable.  If  an 
affirmative  conclusion  is  reached,  the  Secretary  of  State 
issues  and  transmits  to  the  foreign  diplomatic  repre- 
sentative a  "warrant  of  surrender,"  under  his  hand  and 
seal  of  office,  ordering  the  delivery  of  the  prisoner  to 
such  person  as  may  be  authorized  by  the  foreign  gov- 
ernment to  receive  him. 

While  the  examination  of  extradition  papers  is  made 
by  the  Law  Officers  of  the  Department,  difficult  and 
delicate  questions  frequently  arise  requiring  careful 
consideration  and  decision  by  the  Secretary.  Perplex- 
ing questions  of  criminal  law  are  often  presented.  It 
it  not  always  easy  to  determine  whether  the  evidence 
presented  makes  out  a  case  of  probable  cause.  Nice 
questions  of  executive  discretion  arise  under  the  pro- 
vision contained  in  some  treaties  empowering  the  con- 
tracting parties  to  surrender  their  own  citizens  in  their 
discretion  if  it  be  deemed  proper  to  do  so.  It  is  the 
practice  not  to  surrender  fugitives  for  political  offenses, 
For.  Serv. — 2  1 7 


OUR     FOREIGN     SERVICE 

but  it  is  often  a  matter  of  great  difficulty  to  determine 
whether  an  offense  is  of  a  poHtical  character. 

Legal  counsel  frequently  ask  to  be  heard  by  the 
Department  on  the  question  of  surrender.  While  it 
is  not  the  practice  to  hear  oral  representations,  an 
opportunity  is  always  given  counsel  to  present  written 
arguments. 

Citizenship 

Of  questions  recurring  most  frequently  and  calling 
for  serious  attention  by  the  Department  of  State  are 
those  relating  to  citizenship.  The  first  question  to  be 
determined  when  a  claim  against  a  foreign  government 
is  presented  to  the  Department,  or  an  application  is 
made  for  a  passport  or  for  protection  in  a  foreign 
country,  is  "Is  the  petitioner  a  citizen  of  the  United 
States  ?"  Upon  the  answer  to  this  question  his  petition 
almost  invariably  stands  or  falls.  The  law  of  citizen- 
ship of  the  United  States  is  so  extensive  and  the  ques- 
tions which  arise  concerning  it  are  so  various  and  per- 
plexing that  the  subject  requires  special  treatment  and 
study.*  A  synopsis  of  our  citizenship  laws  is  given 
in  Chapter  IV. 

Passports 

The  granting  of  passports  in  the  United  States  is  a 
function  vested  by  law  solely  in  the  Secretary  of  State. 

*See  "Van  D)me,  Citizenship  of  the  United  States,"  and  "Van 
Dyne  on  Naturalization." 

i8 


DEPARTMENT     OF     STATE 

In  foreign  countries  passports  are  issued  by  such 
diplomatic  and  consular  officers,  and  by  such  executive 
officers  of  our  insular  possessions,  as  the  President 
prescribes. 

Until  1902,  when  our  statutes  were  amended  so  as 
to  permit  the  granting  of  passports  to  loyal  residents 
of  the  insular  possessions  (Act  of  June  14,  1902), 
passports  could  be  issued  only  to  citizens  of  the  United 
States.  The  later  Act  of  March  2,  1907,  in  addition, 
confers  upon  the  Secretary  discretion  to  issue  passports 
to  persons  who  have  declared  intention  to  become  citi- 
zens of  the  United  States  and  have  resided  in  the 
United  States  three  years.  Such  passports  are  valid 
only  for  a  period  of  six  months,  and  do  not  entitle  the 
holders  to  the  protection  of  this  government  in  the 
country  of  their  origin.  (See  page  188  for  the  rules 
which  govern  the  granting  of  passports.) 

International  Claims 

The  Secretary  of  State  is  the  head  of  a  great  bureau 
or  clearing  house  of  international  claims.  Through  this 
channel  alone  can  American  citizens  prosecute  diplo- 
matic claims  for  wrongs  done  them  by  foreign  govern- 
ments. 

In  presenting  claims,  the  claimants  must  conform  to 
certain  prescribed  requirements.  Each  claimant  is  re- 
quired to  file  a  sworn  petition  or  memorial,  setting  forth 
the  facts  and  circumstances  from  which  his  right  to  pre- 
fer the  claim  is  derived.  This  should  be  accompanied  by 

19 


OUR     FOREIGN     SERVICE 

the  evidence  relied  upon  in  support  of  the  claim,  and  it 
must  be  shown  whether  the  claimant  is  and  was  when 
the  claim  had  its  origin,  a  citizen  of  the  United  States. 
A  thorough  examination  is  made  at  the  Department 
to  determine  whether  the  claim  affords  ground  for 
intervention.  Unless  a  prima  facie  case  is  made  out, 
the  Department  will  decline  to  present  the  claim.  It 
will  not,  of  course,  lend  its  aid  in  favor  of  a  fraudulent 
claim,  and  even  with  respect  to  meritorious  claims,  it 
exercises  a  broad  discretion  in  determining  what  claims 
it  will  diplomatically  present  against  other  nations. 
When  the  Department  takes  up  a  claim  it  has  the  power 
to  decide  for  itself  when  and  by  what  means  it  will 
press  it. 

The  claims  presented  to  the  Department  cover  a 
great  variety  of  causes,  arising  on  land  and  sea,  during 
peace  and  war,  and  involving  almost  every  principle 
of  the  law  of  nations.  Perhaps  the  most  common 
grounds  of  claim  are  wrongful  arrest  and  imprison- 
ment, and  denial  of  justice.  Claims  based  on  denial  of 
justice  are  seldom  made  out,  however,  as  it  generally 
transpires  that  the  laws  of  the  foreign  country  provide 
a  means  of  redress  through  an  appeal  to  its  courts, 
and  the  claimant  has  failed  to  exhaust  that  remedy. 
The  rule  that  the  judicial  remedy  must  be  exhausted 
does  not,  of  course,  apply  in  countries  where  justice  is 
wanting,  or  where  the  remedy  afforded  is  insufficient. 
Contractual  claims,  viz.,  claims  founded  on  contracts 
between  citizens  of  the  United  States  and  foreign  gov- 
ernments, are  frequently  presented  to  the  Department. 

20 


DEPARTMENT     OF     STATE 

But  it  is  not  usual  for  this  government  to  interfere  for 
the  prosecution  of  such  claims  except  by  its  good  offices. 
When  the  claim  is  susceptible  of  strong  and  clear  proof, 
this  government  asks  the  attention  of  the  foreign  gov- 
ernment to  the  claim.  If  the  sovereign  appealed  to 
denies  the  validity  of  the  claim  or  refuses  to  pay  it, 
the  matter  drops.  If  the  foreign  government  declares 
that  his  courts  are  open  to  the  claimant,  this  is  of  itself 
a  sufficient  ground  for  a  refusal  to  interpose. 

But  an  exception  is  made  where  diplomacy  is  the 
only  method  of  redress,  as  where  the  foreign  govern- 
ment, party  to  such  a  contract,  by  arbitrary  action  seeks 
to  annul  it  or  to  deprive  an  American  citizen  of  his 
rights  thereunder.  Intervention  by  this  government 
in  this  class  of  cases  often  results  in  an  agreement 
between  the  two  governments  to  refer  the  matter  to 
arbitration. 

The  second  Hague  Conference,  at  which  forty-four 
states  were  represented,  adopted  a  convention  which 
provides  that  the  contracting  parties  agree  not  to  have 
recourse  to  armed  force  for  the  recovery  of  contract 
debts  claimed  from  the  government  of  one  country  by 
the  government  of  another  country  as  being  due  to  its 
citizens,  unless  the  debtor  state  refuses  or  neglects  to 
reply  to  an  offer  of  arbitration,  or,  after  accepting  the 
offer,  prevents  any  "compromis"  from  being  agreed  on, 
or,  after  the  arbitration,  fails  to  submit  to  the  award. 

Besides  claims  of  American  citizens  against  foreign 
governments,  the  Secretary  of  State  is  required  to  pass 

21 


OUR     FOREIGN     SERVICE 

upon  similar  claims  of  aliens  against  this  government 
presented  through  the  diplomatic  channel. 

The  position  of  the  Department  of  State  in  relation 
to  international  claims  is  often  one  of  considerable 
difficulty.  It  must,  on  the  one  hand,  serve  as  a  buffer 
to  keep  out  improper  and  unfounded  claims,  while,  on 
the  other  hand,  it  should  use  its  efforts  to  press  merito- 
rious claims  of  our  citizens.  International  claims  in- 
volve large  amounts — frequently  millions  of  dollars — 
and  the  ablest  legal  counsel  are  employed  and  every 
possible  means  resorted  to  to  prosecute  them  to  a  suc- 
cessful issue. 

Arbitration 

When  it  is  impossible  to  settle  a  claim  through  diplo- 
matic correspondence  or  when  a  number  of  claims  have 
accumulated  and  are  pending  between  the  United  States 
and  a  foreign  country,  a  convention  providing  for  ad- 
justment by  means  of  a  commission  is  frequently 
resorted  to.  The  practice  of  nations  to  submit  to  arbi- 
tration questions  of  difference  arising  between  them 
has  become  so  common  that  the  negotiation  of  treaties 
of  arbitration  is  one  of  the  important  duties  of  the 
Secretary  of  State. 

The  United  States  has  from  the  beginning  been  one 
of  the  strongest  advocates  of  the  peaceful  settlement 
of  international  difficulties  by  arbitration.  This  gov- 
ernment has  been  a  party  to  upwards  of  sixty  arbitra- 
tions. The  influential  part  which  the  United  States 
took  in  the  establishment  of  the  Permanent  Court  of 

22 


DEPARTMENT     OF     STATE 

Arbitration  at  the  Hague,  in  1899,  is  well  known,  and 
this  government  was  a  party  to  the  first  case  submitted 
to  that  Tribunal  for  determination. 

The  Hague  Arbitration  Convention  was  a  great  step 
along  the  line  of  international  arbitration,  as  it  provides 
a  way  always  ready  and  easily  accessible  by  which 
nations  can  settle  most  of  their  difficulties.  It  furnishes 
a  court  definitely  constituted;  a  place  of  meeting;  a 
council  for  summoning  it  always  in  session;  and  a 
suitable  procedure. 

The  United  States  has  within  the  past  year  con- 
cluded general  treaties  of  arbitration  with  Great  Brit- 
ain, France,  Italy,  Mexico,  Japan,  Netherlands,  Spain, 
Portugal,  Sweden,  Norway,  Denmark,  and  Switzer- 
land, by  which  the  contracting  parties  agree  to  refer 
to  the  Permanent  Court  of  Arbitration  at  the  Hague 
differences  which  may  arise  of  a  legal  nature,  or  re- 
lating to  the  interpretation  of  treaties  existing  between 
the  contracting  parties,  which  cannot  be  adjusted 
through  the  diplomatic  channel,  provided  that  they  do 
not  affect  the  vital  interests,  independence,  or  honor  of 
the  two  contracting  states. 

The  term  of  these  treaties  is  five  years  and  they 
specify  that  a  special  agreement  shall  be  concluded 
clearly  defining  the  matter  in  dispute,  the  scope  of  the 
powers  of  the  arbitrators,  the  periods  to  be  fixed  for  the 
formation  of  the  arbitration  tribunal  and  the  several 
stages  of  procedure.  Such  special  agreements  must  be 
submitted  to  our  Senate  for  its  advice  and  consent. 

The  law  which  has  grown  up  from  the  decisions  of 

23 


OUR     FOREIGN     SERVICE 

arbitration  tribunals  with  which  this  government  has 
been  connected  is  so  extensive  that  a  digest  thereof  up 
to  1898,  comprises  six  large  volumes,  covering  more 
than  5,000  pages.  (See  Moore's  Digest  of  Interna- 
tional Arbitrations ;  See  also  Ralston's  Report  of  Ven- 
ezuelan Arbitrations.)  The  decisions  of  the  Perma- 
nent Court  at  the  Hague,  which  is  composed  of  the 
world's  most  eminent  jurists,  will  constitute  a  notable 
contribution  to  the  law  of  nations. 

Indemnities  and  Trust  Funds 

Another  duty  of  the  Secretary  of  State  of  serious 
moment  and  responsibility,  is  the  distribution  to  the 
legal  claimants  of  moneys  received  from  foreign  gov- 
ernments and  other  sources,  in  trust  for  citizens  of  the 
United  States.  An  Act  of  Congress  of  Feb.  26,  1896, 
requires  that  "all  moneys  received  by  the  Secretary  of 
State  from  foreign  governments  and  other  sources  in 
trust  for  citizens  of  the  United  States  or  others,  shall 
be  deposited  and  covered  into  the  Treasury."  The  law 
also  provides  that  the  Secretary  of  State  shall  deter- 
mine the  amounts  due  to  claimants  from  each  of  said 
trust  funds  and  certify  the  same  to  the  Secretary  of  the 
Treasury  for  payment.  Under  this  law  millions  of 
dollars  have  been  disbursed  in  pursuance  of  the  deci- 
sions of  Secretaries  of  State.  An  example  of  this  class 
of  funds  is  the  "Chinese  Indemnity,"  the  return  of 
$11,000,000  of  which  was  recently  provided  for  by 
Congress  at  the  request  of  the  President. 

24 


DEPARTMENT     OF     STATE 
Emergency  Fund 

It  is  frequently  necessary  for  the  Secretary  of  State 
in  the  conduct  of  our  foreign  affairs  to  expend  money 
for  objects  of  a  secret  and  confidential  character,  and  a 
fund  is  placed  at  his  disposal  each  year,  known  as  the 
"appropriation  to  meet  unforeseen  emergencies  arising 
in  the  diplomatic  and  consular  service."  The  amount 
of  this  appropriation  for  the  current  year  is  $90,000. 

As  the  original  accounts  and  vouchers  could  not  in 
some  cases  be  made  public  without  injury  to  the  public 
interests.  Congress  has  by  statute  (R.  S.  Sec.  291)  au- 
thorized the  Secretary  in  his  settlements  with  the  Treas- 
ury Department,  instead  of  submitting  the  original  ac- 
counts and  vouchers  ordinarily  required  by  law,  to 
make  a  "certificate"  of  any  such  expenditure,  which 
shall  be  deemed  a  sufficient  voucher  for  the  amount 
stated  to  have  been  expended. 

Judicial  Duty 

Judicial  duties  may  devolve  upon  the  Secretary  of 
State  under  certain  circumstances.  In  certain  countries 
in  which  the  United  States  exercises  extraterritorial 
jurisdiction,  appeals  are  allowed  from  our  consular 
courts  to  the  minister  of  the  United  States  in  cases 
when  the  consul  sits  with  associates  and  any  of  them 
differ  from  him,  or  when  the  consul  sits  alone  in  a 
criminal  case  and  the  fine  imposed  exceeds  one  hundred 
dollars  or  the  term  of  imprisonment  exceeds  sixty  days. 

25 


OUR     FOREIGN     SERVICE 

The  Minister  has  original  jurisdiction  in  capital  cases 
for  murder  or  insurrection  by  citizens  of  the  United 
States  or  offenses  against  the  pubHc  peace  amounting  to 
felony,  or  in  cases  where  the  consular  officer  is  inter- 
ested either  as  party  or  witness.  And  our  law  provides 
that  if  at  any  time  there  be  no  Minister  in  the  countries 
referred  to,  the  judicial  duties  imposed  upon  the  Minis- 
ter shall  devolve  upon  the  Secretary  of  State,  and  he  is 
authorized  and  required  to  discharge  them. 

Guano  Islands 

A  function  is  imposed  upon  the  Department  of 
State  in  connection  with  Guano  Islands.  The  "Guano 
Islands  Act"  of  August  i8,  1856,  which  authorizes  the 
American  discoverer  of  Guano  Islands,  upon  compli- 
ance with  certain  specified  formalities,  to  occupy  and 
take  guano  therefrom,  requires  him  to  give  notice  of 
his  discovery,  verified  by  affidavit,  to  the  Department  of 
State,  and  furnish  satisfactory  evidence  to  that  Depart- 
ment that  the  Island  was  not,  at  the  time  of  such 
discovery  or  occupation,  in  the  possession  or  occupation 
of  any  other  government  or  citizen  of  any  other  gov- 
ernment. The  Department  is  made  the  repository  of 
these  papers. 

The  law  empowers  the  President,  in  his  discretion, 
upon  compliance  with  the  specified  conditions,  to  de- 
clare such  island  as  appertaining  to  the  United  States, 
and  it  has  been  the  practice  of  the  Department  of  State 
when  the  prescribed  conditions  have  been  fulfilled,  to 

26 


DEPARTMENT     OF     STATE 

issue  a  proclamation  or  certificate,  which  is  delivered 
to  the  discoverer,  and  which  confers  upon  him  and  his 
assigns  the  rights  given  by  the  law. 

Consular  Service 

The  Secretary  of  State  has  control,  also,  of  the  Con- 
sular Service,  with  its  personnel  of  one  thousand 
officers,  located  at  more  than  six  hundred  different 
posts  throughout  the  world. 

Office  Force  of  Department 

The  office  force  of  the  Department  of  State  now 
consists  of  the  following : 
The  Secretary  of  State, 
Three  Assistant  Secretaries, 
The  Solicitor. 
Two  Assistant  Solicitors. 
Chief  Clerk. 
Law  Clerk. 
Assistant  Law  Clerk. 
Eight  Chiefs  of  Bureaus, 
Two  Translators. 

Private  Secretary  to  the  Secretary. 
Clerk  to  the  Secretary. 
Fifteen  clerks  of  class  four. 
Fourteen  clerks  of  class  three. 
Twenty-three  clerks  of  class  two. 
Thirty-six  clerks  of  class  one. 

27 


OUR     FOREIGN     SERVICE 

Fourteen  clerks  at  $i,ooo. 

Fifteen  clerks  at  $900. 

One  chief  messenger. 

Five  messengers. 

Twenty-two  assistant  messengers. 

One  messenger  boy. 

One  packer. 

One  carpenter. 

One  telephone-switchboard  operator. 

One  assistant  telephone-switchboard  operator. 

Four  laborers. 

In  all,  one  hundred  and  seventy-six  persons.  The 
aggregate  of  their  annual  salaries  and  compensation  is 
only  $245,540. 

The  Secretary  of  State  is  aided  in  dispatching  the 
work  of  the  Department  by  three  Assistant  Secretaries, 
the  Solicitor,  the  Chief  Clerk,  and  the  Chiefs  of  the 
several  Bureaus  into  which  the  office  force  is  divided. 

Assistant  Secretary 

The  office  of  Assistant  Secretary  of  State  is  by  far 
the  most  important  assistant-secretary-ship  in  any  of 
the  Departments.  He  is  required  to  be  a  man  able  to 
advise  with  the  Secretary,  to  independently  deal  with 
important  questions,  and  to  act  in  the  Secretary's 
stead  during  his  absence.  Until  the  appointment  of 
consular  officers  was  placed  upon  a  Civil-Service  basis, 
the  Assistant  Secretary  had  charge  of  the  matter  of 
appointments   and  changes  in  the  Consular   Service. 

28 


DEPARTMENT     OF     STATE 

The  Assistant   Secretary  has  general   charge  of  the 
diplomatic  correspondence  relating  to  Latin-America. 

Second  Assistant  Secretary 

The  Second  Assistant  Secretary  has  come  to  be  re- 
garded as  a  permanent  official.  The  present  incumbent* 
has  held  the  office  for  twenty-two  years,  and  prior  to 
his  appointment  he  served  as  Chief  of  the  Diplomatic 
Bureau  and  as  Third  Assistant  Secretary.  He  has  been 
connected  with  our  Diplomatic  Service  and  the  De- 
partment since  1870.  His  knowledge  of  precedents 
and  familiarity  with  all  of  the  details  of  the  work  of  the 
Department  make  him  almost  indispensable.  He  has 
general  charge,  under  the  direction  of  the  Secretary, 
of  the  diplomatic  business  of  the  Department,  other 
than  that  relating  to  Latin-America  and  the  Far  East. 
His  predecessor  held  the  office  for  twenty  years. 

Third  Assistant  Secretary 

The  Third  Assistant  Secretary  has  generally  been 
charged  with  the  direction  of  the  Consular  Service,  in 
addition  to  such  other  work  as  might  be  assigned  to 
him,  but  Secretary  Root  created  a  special  departmental 
division  for  the  administration  of  "Far  Eastern"  af- 
fairs, of  which  the  present  Third  Assistant  Secretary,  j- 

*Alvey  A.  Adee. 
tHuntington  Wilson. 

29 


OUR     FOREIGN     SERVICE 

who  has  had  nine  years  experience  in  our  diplomatic 
service  in  the  Orient,  was  made  Superintendent. 

The  Solicitor 

Perhaps  the  most  important  office  under  the  Secre- 
tary of  State  is  that  of  the  Sohcitor.  No  law  officer 
of  the  government,  with  the  exception  of  the  Attorney 
General,  has  presented  for  his  decision  more  serious  or 
important  questions  than  those  which  arise  in  the  work 
of  this  office. 

The  Solicitor,  an  official  nominally  detailed  from  the 
Department  of  Justice,  is  the  Chief  Law  Officer  of  the 
Department  of  State.  He  advises  the  Secretary  and 
Assistant  Secretaries  upon  questions  of  law  referred  to 
him.  The  legal  questions  arising  in  the  administration 
of  the  Department  and  in  the  diplomatic  and  consular 
service,  upon  which  the  Solicitor  is  required  to  pass, 
relate  to  municipal  and  international  law,  to  alleged 
denials  of  justice  by  courts,  and  the  construction  and 
interpretation  of  treaties,  constitutions  and  statutes, 
both  domestic  and  foreign. 

The  Solicitor  examines  claims  of  citizens  of  the 
United  States  against  foreign  governments,  and  claims 
of  foreign  subjects  or  citizens  against  the  United  States. 
Where  it  is  determined  to  refer  claims  to  arbitration, 
the  Solicitor  ordinarily  drafts  the  convention  or  proto- 
col under  which  the  reference  is  made. 

The  Solicitor's  Office  also  has  to  deal  with  the  ex- 
tradition of  criminals.    Requisitions  made  by  governors 

30 


DEPARTMENT     OF     STATE 

of  the  states  or  by  the  Attorney  General  of  the  United 
States  for  the  extradition  of  fugitives  from  justice  who 
have  fled  to  foreign  countries,  together  with  the  neces- 
sary evidence  in  support  of  the  appHcations,  are  exam- 
ined in  the  SoHcitor's  Office  in  order  to  determine 
whether  the  forms  of  law  and  the  provisions  of  the 
particular  treaty  under  which  extradition  is  sought 
have  been  complied  with.  Applications  from  foreign 
governments  for  the  surrender  of  criminals  who  have 
sought  refuge  in  the  United  States  are  also  passed 
upon  in  the  Solicitor's  Office,  and  the  transcript  of  the 
judicial  examination  in  this  country,  transmitted  to  the 
Department  by  the  extradition  magistrate  before 
whom  the  proceedings  are  instituted,  is  examined  to  see 
whether  a  case  has  been  made  out  warranting  extra- 
dition under  the  law  and  treaty  applicable.  The  con- 
duct of  the  negotiation  of  extradition  treaties  ordinarily 
comes  under  the  supervision  of  the  Solicitor's  Office. 

Besides  passing  upon  the  legal  questions  referred  to 
him,  the  Solicitor  acts  as  an  under-Secretary  and  pre- 
pares drafts  of  instructions  to  diplomatic  and  consular 
officers  and  other  important  communications,  for  the 
signature  of  the  Secretary. 

The  Solicitor  is  assisted  in  his  work  by  two  Assistant 
Solicitors,  an  appropriate  division  of  the  work  being 
made.  One  of  the  Assistant  Solicitors  acts  as  chief 
law  officer  during  the  absence  of  the  Solicitor. 

The  name  "Solicitor"  is  a  misnomer.  The  officer  is 
really  an  "Assistant  Attorney  General  for  the  Depart- 
ment of  State." 

31 


OUR     FOREIGN     SERVICE 

Chief  Clerk 

The  duties  previously  performed  by  the  Third  As- 
sistant Secretary  relating  to  the  Consular  Service,  have 
been  assigned  to  the  present  Chief  Clerk*  whose  expe- 
rience as  Qiief  of  the  Consular  Bureau,  and  intimate 
knowledge  of  the  Consular  Service,  particularly  qualify 
him  for  such  work. 

The  Chief  Clerk  exercises  general  supervision  of  the 
clerks  and  employees  and  of  the  business  of  the  De- 
partment. He  receives  callers  seeking  information, 
and  attends  to  a  great  variety  of  business. 

Diplomatic  Bureau 

The  Diplomatic  Bureau  is  charged  with  the  prepara- 
tion of  the  diplomatic  correspondence  with  our  missions 
in  foreign  countries  and  with  the  representatives  of 
foreign  nations  in  Washington,  and  of  miscellaneous 
correspondence  relating  thereto.  This  Bureau  has 
charge  of  the  engrossing  of  treaties  and  other  formal 
instruments  and  the  preparation  of  the  credentials  of 
our  diplomatic  ofiicers,  of  ceremonious  letters,  and  in 
large  part  of  replies  to  resolutions  of  Congress. 

Consular  Bureau 

The  Consular  Bureau  has  charge  of  the  correspond- 
ence with  the  consular  officers  in  our  service,  and  mis- 
cellaneous correspondence  on  matters  relating  to  the 

*Wi!bur  J.  Carr. 

32 


DEPARTMENT     OF     STATE 

consular  service.  An  important  duty  of  the  Chief  of 
the  Bureau  is  that  of  personally  conferring  with  con- 
sular officers  when  in  Washington.  The  Bureau  keeps 
an  efficiency  record  of  consular  officers  of  all  grades, 
upon  which  to  base  promotions,  transfers,  etc. 

The  Consular  Bureau  also  has  charge  of  the  matter 
of  recommendations  for  the  presentation  of  testimonials 
to  masters  and  seamen  of  foreign  vessels  for  rescuing 
American  seamen. 

Bureau  of  Indexes  and  Archives 

The  Bureau  of  Indexes  and  Archives  is  the  record 
bureau  of  the  Department.  Every  communication  to 
or  from  the  Department  is  sent  to  this  Bureau,  where 
it  is  carefully  indexed.  The  incoming  communications 
then  go  to  the  appropriate  officers  or  Bureaus  for  at- 
tention. After  a  paper  has  been  disposed  of,  it  is  re- 
turned to  the  Index  Bureau  for  filing,  and  the  outgoing 
instruction  or  answer  is  also  sent  to  that  Bureau  for 
indexing  before  it  is  mailed.  The  Card  Index  system 
by  subjects  is  used. 

This  Bureau,  upon  the  call  of  any  officer  or  Bureau 
of  the  Department,  collects  the  correspondence  relating 
to  any  particular  subject.  A  question  asked  in  Con- 
gress may  require  weeks  of  hard  labor  and  necessitate 
the  getting  out  of  hundreds  and  even  thousands  of 
papers  and  documents  by  this  Bureau. 

The  Bureau  of  Indexes  and  Archives  has  charge, 
also,  of  the  preparation,  under  the  supervision  of  an 
For.  Serv. — 3  23 


OUR     FOREIGN     SERVICE 

Assistant  Secretary,  of  the  annual  volumes  of  Foreign 
Relations,  which  contain  such  portions  of  the  diplo- 
matic correspondence  as  it  is  deemed  desirable  to  pub- 
lish. 

Bureau  of  Citizenship 

The  Bureau  of  Citizenship  is  charged  with  the  ex- 
amination of  applications  for  passports  and  the  issu- 
ance of  passports  and  authentications,  and  with  the 
keeping  of  records  thereof,  as  well  as  the  conduct  of 
correspondence  relating  thereto.  It  also  receives  and 
files  duplicates  of  evidence,  registration,  etc.,  in  refer- 
ence to  the  expatriation  of  citizens  and  their  protection 
abroad. 

Bureau  of  Accounts 

The  Chief  of  the  Bureau  of  Accounts  is  charged  with 
the  care  of  the  property  of  the  Department  and  the 
custody  and  supervision  of  moneys  and  appropriations 
to  be  disbursed  by  the  Secretary  of  State.  The  Bureau 
examines  and  adjusts  accounts  of  diplomatic  and  con- 
sular officers  and  pays  the  officers  and  employees  of  the 
Department.  It  has  charge  of  moneys  received  as 
passport  fees,  and  of  indemnity  funds  received  by  the 
United  States  from  foreign  governments. 

The  seal  of  the  Department  is  in  the  custody  of  this 
Bureau,  and  the  telegraphic  work  of  the  Department 
is  performed  by  the  clerks  of  the  Bureau. 

34 


DEPARTMENT     OF     STATE 
Bureau  of  Rolls  and  Library 

The  Bureau  of  Rolls  and  Library  is  charged  with 
the  promulgation  and  custody  of  the  laws  and  treaties 
of  the  United  States,  proclamations,  executive  orders, 
etc.,  and  with  the  care  of  the  records  of  international 
claims  commissions,  Revolutionary  archives,  manu- 
script papers,  etc.  Among  the  latter  are  the  following : 
The  records  and  papers  of  the  Continental  Congress, 
the  Washington  Papers,  the  Jefferson  Papers,  the 
Hamilton  Papers,  the  Monroe  Papers,  and  the  Frank- 
lin Papers.  This  Bureau  has  custody  of  the  Declara- 
tion of  Independence,  the  Articles  of  Confederation, 
and  the  Constitution. 

The  library,  which  was  founded  by  Thomas  Jefferson 
in  1789,  consists  of  about  86,000  volumes.  The  li- 
brary receives  one  copy  of  each  bound  volume  of  Con- 
gressional documents,  nineteen  copies  of  every  Senate 
and  House  of  Representatives  document  and  report, 
and  ten  copies  of  every  bill  and  resolution  introduced 
in  Congress. 

Bureau  of  Appointments 

The  Bureau  of  Appointments  has  charge  of  applica- 
tions and  recommendations  for  office,  and  of  the  prep- 
aration of  commissions,  warrants  of  extradition,  con- 
sular bonds  and  exequaturs. 

This  Bureau  has  charge  also  of  the  Great  Seal,  im- 
pressions of  which  are  affixed  to  treaties,  Presidential 

35 


OUR     FOREIGN     SERVICE 

proclamations,  ceremonious  letters,  commissions  and 
exequaturs,  and  is  charged  with  the  duty  of  encipher- 
ing and  deciphering  telegrams. 

It  was  formerly  the  duty  of  the  Secretary  of  State 
as  custodian  of  the  seal  of  the  United  States  to  affix 
it  to  all  civil  commissions  to  officers  appointed  by  the 
President.  But  at  present  the  seal  of  the  United  States 
is  only  affixed  to  the  commissions  of  Cabinet,  diplo- 
matic and  consular  officers,  to  ceremonious  communi- 
cations from  the  President  to  foreign  governments,  to 
treaties  and  formal  agreements  of  the  President  with 
foreign  powers,  to  exequaturs,  to  warrants  of  extra- 
dition of  criminals  surrendered  to  foreign  governments, 
and  to  the  commissions  of  civil  officers  appointed  by  the 
President  not  by  law  authorized  to  bear  some  other  seal. 

Bureau  of  Trade  Relations 

The  duties  of  the  Bureau  of  Trade  Relations  are  the 
preparation  of  instructions  to  consular  officers  in  re- 
lation to  reports  to  be  printed  by  the  Department  of 
Commerce  and  Labor,  the  revision  and  transmission  of 
such  reports  to  that  Department  and  to  other  branches 
of  the  government  service,  and  the  compilation  of  com- 
mercial information  for  the  use  of  the  Department  of 
State. 

Division  of  Far  Eastern  Affairs 

This  newly  created  office  has  charge  of  diplomatic 
and  consular  correspondence  concerning  matters  other 

36 


DEPARTMENT     OF     STATE 

than  those  of  an  administrative  character,  in  relation 
to  China,  Japan,  Korea,  Siam,  Straits  Settlement, 
Borneo,  East  Indies,  India,  and,  in  general,  the  Far 
East. 

The  Department  has  also  a  Law  Clerk  and  an  As- 
sistant, whose  duties  are  to  compile,  index  and  prepare 
for  publication  in  the  form  of  the  Statutes  at  Large, 
the  laws  and  resolutions  of  Congress,  the  public  treaties 
and  Presidential  proclamations.  There  are  also  two 
official  translators. 

The  Chiefs  of  these  Bureaus  are  for  the  greater  part 
men  who  have  been  promoted  from  the  lowest  grades 
of  clerkship  in  the  Department,  and  experts  in  their 
particular  lines  of  work.  Much  of  the  responsible 
work  of  the  Department  is  performed  by  them,. 

Bureau  of  the  American  Republics 

There  is  another  office,  which  while  not  a  Bureau  of 
the  Department  of  State,  is  closely  connected  with  that 
Department  and  the  Secretary  of  State  is  the  Chairman 
of  its  governing  board.  This  is  the  International 
Bureau  of  the  American  Republics,  which  was  an  out- 
growth of  the  Pan-American  Conference  of  1889. 
This  Bureau  is  controlled  by  a  governing  board  repre- 
senting the  twenty-one  countries  composing  the  Inter- 
national Union  of  American  Republics  by  which  it  is 
supported. 

Its  purpose  is  to  collect  and  disseminate  information 
as  to  the  production,  commerce,  laws,  regulations,  and 

37 


OUR    FOREIGN     SERVICE 

customs  of  the  several  republics,  and  to  stimulate  in- 
tercourse, trade  and  good  understanding.  The  Bureau 
has  a  Director,  who  is  always  a  citizen  of  the  United 
States,  a  secretary,  and  a  force  of  assistants,  translators 
and  clerks.  The  Bureau  has  steadily  grown  in  use- 
fulness from  its  establishment,  and  the  scope  of  its 
activities  has  been  greatly  broadened  under  Secretary 
Root's  management.  The  Bureau  conducts  an  exten- 
sive correspondence  with  all  parts  of  North  and  South 
America,  furnishing  information  concerning  the  differ- 
ent countries,  and  facilitating  the  trade  between  them. 
The  Bureau  has  far  outgrown  the  facilities  of  its  pres- 
ent quarters,  but  through  the  generosity  of  Andrew 
Carnegie,  a  magnificent  building  to  cost  three  quarters 
of  a  million  dollars  is  now  being  erected  on  a  site  pro- 
vided by  the  contributions  of  the  Government  of  the 
United  States  and  the  other  governments  belonging  to 
the  Union.  This  will  not  only  furnish  the  Bureau  with 
the  increased  facilities  which  its  work  demands  but  will 
provide  accommodations  for  its  large  and  rapidly  grow- 
ing collection  of  books  and  other  publications  on  the 
American  Republics,  known  as  the  Columbus  Memorial 
Library,  as  well  as  for  international  conventions  and 
commissions.  For  the  latter  purpose,  an  assembly 
chamber  70  x  100  feet  has  been  provided. 

The  Bureau  has  an  organ,  the  "Monthly  Bulletin," 
which  circulates  throughout  the  two  continents  and 
greatly  facilitates  the  work  of  the  Bureau. 


38 


D  E  P  A  R  T  M  E  N  1^     OF     STATE 


Diplomatic  Day 

Thursday  of  each  week  is  "Diplomatic  Day"  at  the 
Department  of  State,  which  is  a  day  specially  set  apart 
by  the  Secretary  for  the  reception  of  the  foreign  diplo- 
matic representatives.  Advantage  is  taken  of  the  op- 
portunity thus  offorded  to  facilitate  the  disposition  of 
pending  questions.  Much  more  can  often  be  accom- 
plished in  a  few  moments  of  personal  conference  than 
by  a  lengthy  formal  correspondence. 

In  spite  of  the  endeavors  made  by  the  Assistant  Sec- 
retaries, Solicitor,  Chief  Clerk,  and  Chiefs  of  Bureaus 
to  save  the  Secretary  from  unnecessary  interruptions, 
the  demands  upon  the  time  of  the  Secretary  of  State 
by  callers  are  so  great  at  times  that  it  is  difficult  for 
him  to  give  continuous  attention  during  office  hours 
to  important  matters  awaiting  his  action.  Andrew  D. 
White  in  his  "Autobiography,"  relates  the  following  in- 
cident. Before  starting  for  his  post  when  appointed 
Minister  to  Germany,  he  called  at  the  State  Department 
for  a  conference  with  Mr.  Evarts  who  was  then  Secre- 
tary. When  he  was  shown  into  the  Secretary's  office 
he  found  the  latter  busily  engaged.  Mr.  White  apolo- 
gized for  interrupting  him,  and  said  he  could  just  as 
well  call  again  after  four  o'clock.  Secretary  Evarts 
said  :  "By  no  means !  Come  in  at  once !  We  have  just 
two  rules  here  at  the  Department.  One  is  that  no  busi- 
ness is  to  be  transacted  during  office  hours,  and  the 

39 


OUR     FOREIGN     SERVICE 

other  is  that  no  business  is  to  be  transacted  after  office 
hours." 

One  of  the  ordinary  incidents  of  the  day  at  the  De- 
partment is  the  call  of  the  representatives  of  the  press 
associations  and  of  the  leading  metropolitan  dailies  on 
the  Secretary.  They  are  frequently  ushered  into  his 
office  in  a  group  and  the  Secretary  gives  them  such  in- 
formation concerning  foreign  affairs  as  he  deems  prop- 
er. The  late  Secretary  Hay  w^as  accustomed  to  talk 
very  freely  with  the  press  representatives,  it  being  un- 
derstood that  he  was  not  to  be  quoted.  One  day  at 
the  close  of  his  general  talk  with  the  newspaper  men, 
one  who  had  formerly  represented  the  "World"  but  was 
then  in  the  employ  of  the  "Journal,"  asked  the  Secre- 
tary about  a  matter  of  great  importance  at  that  time. 
The  Secretary  answered  his  question  fully,  saying  at 
the  same  time  that  under  no  circumstances  was  he  to 
be  quoted.  The  newspaper  representative  replied  "Oh ! 
Mr.  Secretary,  you  know  I  wouldn't  quote  you  for  the 
world."  "No!"  was  the  Secretary's  quick  rejoinder, 
"You  wouldn't  for  the  'World,'  but  you  might  for  the 
'Journal'  " 

Among  our  Secretaries  of  State  who  were  particu- 
larly qualified  by  experience  for  the  work  of  conducting 
our  foreign  affairs,  were  the  following:  Thomas  Jef- 
ferson, James  Monroe,  John  Marshall,  Lewis  Cass  and 
Elihu  B.  Washburne,  each  of  whom  represented  the 
United  States  in  Paris ;  John  Quincy  Adams,  who  had 
previously  served  as   Minister  to   Portugal,   Prussia, 

40 


DEPARTMENT     OF     STATE 

Russia  and  Great  Britain ;  Martin  Van  Buren  and  Ed- 
ward Everett,  who  represented  this  government  at  the 
Court  of  St.  James;  James  Buchanan,  who  was  our 
diplomatic  representative  at  St.  Petersburg;  John  Hay, 
who  had  acted  as  Private  Secretary  to  President  Lin- 
coln, Secretary  of  Legation  at  Madrid,  Assistant  Sec- 
retary of  State,  and  Ambassador  to  London.  His  pol- 
icy of  the  "open  door"  in  China  was  only  one  of  his 
many  accomplishments  in  the  field  of  diplomacy.  John 
W.  Foster  had  served  as  Minister  to  Mexico,  Spain  and 
Russia. 

Richard  Olney  will  be  remembered  for  his  vigorous 
assertion  of  the  "Monroe  Doctrine,"  and  the  amicable 
adjustment  of  the  Venezuelan-Guiana  boundary  dis- 
pute. 

Elihu  Root,  after  performing  work  of  constructive 
statesmanship  of  the  highest  order  at  the  head  of  the 
War  Department,  in  relation  to  the  Philippines,  Cuba, 
Porto  Rico,  and  Panama,  has  rendered  service  of  great 
value  in  promoting  better  relations  between  the  United 
States  and  the  Latin-American  Republics. 

Several  of  our  Presidents  have  distinguished  them- 
selves by  their  conduct  of  foreign  affairs.  President 
Lincoln,  though  he  had  never  seen  a  day's  service  in 
our  diplomatic  establishment,  was,  as  his  distinguished 
pupil,  John  Hay,  characterized  him,  "One  of  the  might- 
iest masters  of  statecraft  that  history  has  known."  His 
treatment,  at  the  beginning  of  his  administration,  of 
Secretary  Seward's  proposed  measures  inviting  war 
with  three  nations  at  once,  and  his  correction  by  the 

41 


OUR     FOREIGN     SERVICE 

alteration  of  the  fewest  possible  words,  of  Mr.  Seward's 
bellicose  instruction  to  our  representative  at  the  Court 
of  St.  James,  stamped  him  as  one  possessing  diplomatic 
skill  of  the  highest  order. 

The  place  in  history  of  our  versatile  President, 
William  McKinley,  would  be  secure  with  nothing 
further  to  his  credit  than  his  conduct  of  the  questions 
which  arose  out  of  our  war  with  Spain. 

President  Roosevelt  astonished  the  world  by  bring- 
ing about  a  prompt  termination  of  the  Russian-Japan- 
ese war  in  1905. 

William  H.  Taft,  although  not  at  any  time  connected 
with  our  Diplomatic  Service,  has  had  entrusted  to  him 
and  has  conducted  to  a  successful  conclusion  negotia- 
tions of  the  greatest  delicacy  and  importance  in  relation 
to  Cuba,  the  Philippines  and  Panama. 


42 


Our  Diplomatic  Service 


43 


CHAPTER  II. 
Our  Diplomatic  Service 

A  state  has  no  voice  by  which  it  can  speak  for  it- 
self. It  must  speak  and  act  through  agents.  The  in- 
tercourse of  states  is  conducted  through  authorized 
agents  called  diplomatic  officers.  Diplomacy  is  the 
art  of  negotiation  or  of  conducting  such  intercourse. 
In  ancient  times  the  intercourse  between  nations  con- 
sisted largely  of  wars,  stratagem  and  spoils.  Terms 
of  peace  or  conditions  of  battle  were  agreed  upon 
through  the  medium  of  heralds  sent  forward  while  hos- 
tilities were  suspended  for  the  purpose.  These  her- 
alds were  the  precursors  of  modern  diplomatists. 
With  the  development  of  civilization  commerce  sprang 
up  between  states  and  new  and  complex  questions  arose 
which  could  not  be  adjusted  in  such  a  primitive  or 
summary  way.  The  practice  grew  up  of  sending 
persons  as  representatives  of  the  state  abroad  to  nego- 
tiate treaties  or  to  do  some  special  business,  upon  the 
completion  of  which  they  would  return  to  their  own 
country. 

While  the  custom  of  sending  and  receiving  diplo- 
matic representatives  has  existed  from  the  earliest  re- 
corded  history,   the   establishment  of   resident  diplo- 

45 


OUR     FOREIGN     SERVICE 

matic  missions  at  foreign  courts  was  not  generally 
adopted  until  the  sixteenth  century.  Louis  XL  of 
France  is  said  to  have  been  the  first  sovereign  to  adopt 
permanent  embassies,  and  his  object  was  to  have  char- 
tered spies  at  the  courts  of  his  powerful  neighbors. 
He  said  to  his  ambassadors,  when  sending  them 
abroad :  "If  they  lie  to  you,  lie  still  more  to  them." 
Stubbs,  in  his  "Mediaeval  History,"  defines  an  am- 
bassador as  "a  person  sent  to  lie  abroad  for  the  good 
of  his  country."  An  ambassador  might  cheat  or 
deceive.  In  fact,  as  Lord  Palmerston  remarked,  he 
might  break  all  the  commandments  in  the  Decalogue 
except  the  eleventh,  which  was,  "Thou  shalt  not  be 
found  out." 

To  show  the  unscrupulous  conduct  of  some  of  the 
early  European  diplomatists,  John  Bassett  Moore,  in 
his  "American  Diplomacy,"  relates  how  Hugh  Elliot, 
the  British  Minister  at  Berlin,  in  1777,  obtained  in- 
formation of  the  negotiations  of  the  United  States 
with  the  Prussian  Government  looking  to  the  obtain- 
ing of  the  support  of  the  latter  government  against 
England.  Arthur  Lee  was  sent  by  our  government  to 
Berlin,  and  the  British  Government  feeling  great  con- 
cern as  to  the  possible  course  of  Prussia,  directed  its 
diplomatic  representative  at  Berlin  to  give  proper  at- 
tention to  Lee's  conduct  there  and  to  the  impression 
which  it  might  make.  Elliot,  a  young  man  of  twenty- 
four,  desirous  of  making  a  reputation,  set  about  his 
task  with  diligence  and  enthusiasn^  Through  a  Ger- 
man servant  in  his  employ,  Elliot  gained  the  co-opera- 

'46 


OUR     DIPLOMATIC     SERVICE 

tion  of  the  servants  at  the  inn  where  Lee  stopped,  and 
of  the  landlord's  wife,  and  learned  that  Lee  kept  his 
papers,  including  a  journal  of  each  day's  transactions, 
in  a  portfolio  which  was  usually  laid  away  in  a  bureau. 
Elliot  had  false  keys  made  to  the  door  of  the  chamber 
and  the  bureau,  and  while  Lee  was  absent  from  the  inn 
sent  his  servant  to  get  the  papers.  The  servant  was 
not  able  to  enter  the  door  without  being  seen,  but  got 
into  Lee's  room  through  a  window,  secured  the  port- 
folio and  brought  it  to  Elliot,  who  had  four  copyists 
prepared  to  begin  at  once  transcribing  the  papers. 
While  thus  engaged  Elliot  learned  that  Lee  had  re- 
turned to  the  inn.  Knowing  that  the  papers  had  not 
been  returned,  he,  in  company  with  a  friend,  called  on 
Lee  and  endeavored  to  amuse  him  with  conversation, 
which  he  did  for  nearly  two  hours  without  any  in- 
troduction or  disclosure  of  names,  but  merely  as  one 
who  happened  to  meet  persons  speaking  the  same  lan- 
guage. Finally  Lee  retired,  saying  he  must  go  to  his 
rooms  and  write.  Shortly  afterwards  Elliot  heard  a 
"violent  clamor"  in  the  house  of  a  "robbery"  and  "loss 
of  papers."  He  then  drove  home,  and  as  most  of  the 
papers  had  then  been  copied,  he  disguised  and  took 
them  to  the  mistress  of  the  house,  who,  being  in  the 
plot,  told  the  story  that  they  were  left  at  the  door  by 
some  one  who  announced  their  return  through  the  key- 
hole and  then  ran  off.  Lee  appealed  to  the  police,  and 
inquiry  was  set  on  foot,  which  led  to  the  German  serv- 
ant. Elliot  immediately  sent  him  out  of  the  country, 
making  an  official  explanation  to  the  German  Govern- 

47 


OUR     FOREIGN     SERVICE 

ment  as  well  as  his  own,  by  which  he  made  it  appear 
that  the  affair  was  altogether  an  accident,  due  to  his 
own  imprudence  in  saying  in  the  presence  of  an  over- 
officious  servant  that  he  would  give  a  large  sum  of 
money  to  see  Lee's  papers,  but  that  as  soon  as  the  "un- 
warrantable action"  of  the  servant  was  discovered,  the 
papers  were  returned.  The  knowledge  of  the  fact  that 
the  British  Government  had  obtained  copies  of  Lee's 
papers  put  an  end  to  the  attempt  privately  to  negotiate 
with  the  Prussian  Government  and  frustrated  the  plans 
for  obtaining  supplies  from  Prussian  ports.  (Ameri- 
can Diplomacy,  p.  19.) 

In  spite  of  the  unprincipled  character  of  the  early 
diplomatists  the  system  of  permanent  diplomatic  mis- 
sions became  a  necessity  with  the  increasing  import- 
ance and  complexity  of  international  affairs,  and  it  is 
now  considered  practically  impossible  to  maintain  re- 
lations with  foreign  States  without  permanent  diplo- 
matic representation. 

Wheaton  says :  "Diplomatic  representation  is  a  defi- 
nite factor  in  the  political  economy  of  the  world ;  and 
no  better  scheme  has  yet  been  devised  for  the  dispatch 
of  international  affairs  or  for  the  preservation  of  the 
friendly  relations  between  governments." 

With  the  evolution  of  the  law  of  nations,  which  regu- 
lates the  intercourse  of  nations,  the  methods  of  diplo- 
macy became  more  respectable.  At  the  present  day, 
such  disreputable  means  of  negotiation  as  obtained  in 
the  middle  ages  are  seldom  resorted  to,  and  the  ablest 
diplomatists  are  generally  distinguished  for  their  per- 

48 


OUR     D I P  L  O  M A  T I C     SERVICE 

sonal  character  and  integrity  as  well  as  for  their  talents 
and  learning.  From  the  modern  point  of  view,  instead 
of  its  being  the  duty  of  an  ambassador  to  lie  for  the 
good  of  his  country,  it  is  rather  his  duty  to  tell  the 
truth  for  the  good  of  his  country,  and  to  remove  appre- 
hensions which  may  have  arisen  as  to  its  opinions  or 
intentions. 

Washington,  in  an  instruction  issued  by  his  Secre- 
tary of  State  to  John  Jay,  special  minister  to  Great 
Britain,  in  1794,  established  the  high  standard  of  con- 
duct by  which  American  diplomatists  have  ever  since 
almost  invariably  been  governed :  It  read  as  follows : 
"It  is  the  President's  wish  that  the  characteristics  of  an 
American  minister  should  be  marked  on  the  one  hand 
by  a  firmness  against  improper  compliances,  and  on  the 
other  hand  by  sincerity,  candor,  truth  and  prudence, 
and  by  a  horror  of  finesse  and  chicane." 

The  late  distinguished  Secretary  of  State,  John  Hay, 
in  a  public  address  in  1902,  in  which  he  declared  the 
Monroe  Doctrine  and  the  Golden  Rule  to  be  the  rule 
of  our  conduct  in  diplomacy,  said :  "There  was  a  time 
when  diplomacy  was  a  science  of  intrigue  and  false- 
hood, of  traps  and  mines  and  countermines.  In  the  last 
generation  it  was  thought  a  remarkable  advance  in 
straightforward  diplomacy  when  Prince  Bismarck  rec- 
ognized the  advantage  of  telling  the  truth  even  at  the 
risk  of  misleading  his  adversary.  ...  I  really  be- 
lieve the  world  has  moved  onward  in  diplomacy  as  in 
all  other  matters.  In  my  experience  of  diplomatic  life, 
which  now  covers  more  years  than  I  like  to  look  back 
For.  Serv. — 4  40 


OUR     FOREIGN     SERVICE 

upon,  and  in  the  far  greater  record  of  American  diplo- 
macy wdiich  I  have  read  and  studied,  I  can  say  without 
hesitation  that  we  have  generally  told  squarely  what 
we  wanted,  announced  early  in  the  negotiation  what  we 
were  willing  to  give,  and  allowed  the  other  side  to  ac- 
cept or  reject  our  terms.  During  the  time  in  which  I 
have  been  prominently  concerned  in  our  foreign  rela- 
tions I  can  also  say  that  we  have  been  met  by  the  repre- 
sentatives of  other  powers  in  the  same  spirit  of  frank- 
ness and  sincerity." 

Rank  and  Precedence 

While  the  President,  under  that  clause  of  our  Con- 
stitution authorizing  him  by  and  with  the  advice  and 
consent  of  the  Senate  to  appoint  ambassadors,  other 
public  ministers  and  consuls,  is  empowered  to  appoint 
ambassadors,  no  ambassador  was  ever  accredited  by 
this  government  to  a  foreign  country  until  1893,  when 
an  act  of  Congress  was  passed  expressly  authorizing 
the  President  whenever  any  foreign  government  is  rep- 
resented or  is  about  to  be  represented  in  the  United 
States  by  an  ambassador,  to  direct  that  the  representa- 
tive of  the  United  States  to  such  government  shall  bear 
the  same  designation.  The  United  States  now  has  am- 
bassadors in  ten  countries,  Great  Britain,  France,  Ger- 
many, Russia,  Austria,  Italy,  Japan,  Mexico,  Brazil  and 
Turkey.  This  government  is  represented  by  envoys-ex- 
traordinary and  ministers  plenipotentiary  in  thirty-four 
foreign  countries,  and  by  ministers  resident  in  two. 

50 


OUR     DIPLOMATIC     SERVICE 

The  Congress  of  Vienna,  at  which  eight  European 
powers  were  represented,  in  1815,  agreed  upon  certain 
rules  concerning  the  relative  rank  and  precedence  of 
diplomatic  representatives,  which  have  been  accepted 
by  all  civilized  nations.  By  these  rules  diplomatic 
agents  are  divided  into  three  classes :  ( i )  ambassa- 
dors, legates  or  nuncios;  (2)  envoys,  ministers  or 
other  persons  accredited  to  sovereigns;  (3)  charges  d' 
affaires  accredited  to  ministers  for  foreign  affairs. 

At  the  Congress  of  Aix  la  Chapelle,  held  three  years 
later,  it  was  agreed  that  ministers  resident  should  hold 
a  rank  between  ministers  of  the  second  class,  usually 
sent  by  the  great  powers,  and  charges  d'  affaires — 
usually  sent  by  small  countries. 

The  United  States  has  diplomatic  representatives 
accredited  to  forty-six  different  countries,  including 
every  indei>endent  country  of  Europe,  Central  Ameri- 
ca, South  America,  and  all  those  parts  of  Asia  and 
Africa  with  which  we  have  relations. 

Thirty-seven  foreign  states  maintain  diplomatic 
representatives  at  Washington. 

Each  government  sends  the  kind  of  diplomatic  repre- 
sentative it  pleases,  generally  accrediting  to  a  foreign 
state  a  representative  of  the  same  class  as  the  repre- 
sentative which  it  receives  from  such  state.  But  usual- 
ly only  the  great  powers  send  ambassadors.  It  is  not 
unusual  to  commission  the  same  individual  as  minister 
to  more  than  one  power,  but  in  1825,  the  British  gov- 
ernment objected  to  receiving  an  envo)''  extraordinary 
and  minister  plenipotentiary  from  Buenos  Ayres  be- 

51 


OUR     FOREIGN     SERVICE 

cause  he  was  also  appointed  to  France.  Mr.  Canning 
said  that  he  did  think  that  England  was  not  stickhng 
too  much  upon  ceremony  in  saying  she  must  have 
an  entire  minister  to  herself.  Murray,  in  his  interest- 
ing book  "Embassies  and  Foreign  Courts,"  states  that 
the  King  of  Sardinia  in  1774  quarreled  with  the  Re-  , 
public  of  Venice  for  refusing  to  send  him  two  ambassa- 
dors on  the  occasion  of  his  accession  to  the  throne,  with 
the  result  that  Venice  sent  no  ambassador  at  all  and 
diplomatic  relations  were  broken  off  on  both  sides. 

The  United  States  accredits  one  diplomatic  repre- 
sentative to  Greece  and  Montenegro,  one  to  Roumania 
and  Servia,  and  one  to  Uruguay  and  Paraguay. 

The  diplomatic  representatives  of  the  United  States 
are:  (a)  ambassadors  extraordinary  and  plenipoten- 
tiaiy;  (b)  envoys  extraordinary  and  ministers  pleni- 
potentiary, and  special  commissioners  when  having  the 
rank  of  envoy  extraordinary;  (c)  ministers  resident; 
(d)  charges  d'  affaires. 

The  first  three  grades  are  accredited  by  the  Presi- 
dent. Charges  d'  affaires  are  commissioned  by  the 
President  and  accredited  by  the  Secretary  of  State  to 
the  minister  for  foreign  affairs  of  the  government  to 
which  they  are  sent.  Legates  or  nuncios  are  sent  by 
the  Pope  alone.  The  United  States,  of  course,  has  no 
diplomatic  relations  with  the  Pope.  We  send  no  diplo- 
matic representative  to  the  Vatican  and  receive  no  le- 
gate or  nuncio. 

On  occasions  of  great  national  ceremonies,  such  as 
the  accession  of  a  sovereign,  the  United  States  sends 

52 


^OUR     DIPLOMATIC     SERVICE 

special  ambassadors,  invested  with  the  highest  diplo- 
matic rank.  Sometimes  the  function  of  an  ambassador 
of  honor  is  superadded  to  those  of  the  resident  am- 
bassador. 

Ambassadors  are  supposed  to  represent,  in  a  pecul- 
iar degree  the  person  of  their  sovereign,  and  to  have 
the  right  to  address  themselves  personally  to  the  sov- 
ereign of  the  country  to  which  they  are  sent,  instead 
of  going  through  the  usual  routine  of  negotiating  with 
the  minister  of  Foreign  Affairs;  but  formal  and  bind- 
ing international  negotiations  can  be  conducted  only 
through  the  minister  of  Foreign  Affairs;  and  by  mod- 
ern practice,  personal  interviews  are  generally  granted 
by  the  head  of  the  state  on  suitable  occasions,  to  all 
representatives  of  foreign  powers  whatever  their  rank. 
Envoys  plenipotentiary  and  ministers  resident  are 
therefore  able  usually  to  accomplish  fully  as  much  for 
their  government  as  ambassadors.  The  only  advan- 
tage that  an  ambassador  has  is  that  of  precedence.  At 
some  foreign  offices  the  rule  "first  come,  first  served," 
is  not  observed,  and  an  envoy  or  minister  may  be  ob- 
liged to  wait  hours  or  even  until  the  next  day  for  an 
affair  of  consequence,  while  ambassadors  from  much 
less  important  countries  are  given  an  audience  at  once. 
At  Constantinople  it  is  expected  that  if  a  minister  is  in 
conversation  with  the  Minister  of  Foreign  Affairs  or 
Grand  Vizier,  he  shall  withdraw  and  wait  whenever  an 
ambassador  is  announced.  This,  together  with  the  fact 
that  only  ambassadors  are  allowed  access  to  the  Sultan 
to  discuss  official  matters,  led  to  so  much  embarrass- 

53 


OUR     FOREIGN     SERVICE 

ment  in  the  relations  of  the  United  States  with  the  Ot- 
toman Porte  that  President  McKinley  proposed  to  the 
Turkish  Government  the  appointment  of  an  ambassa- 
dor by  each  government.  The  Turkish  Government 
did  not  accede  to  this  proposition  and  treated  a  renewal 
of  the  suggestion  by  President  Roosevelt  in  the  same 
way.  At  the  request  of  the  President,  Congress  in 
1906,  provided  for  an  ambassador  to  Turkey,  however, 
and  Minister  Leishman  was  named  as  ambassador ;  and 
the  following  year  it  was  reported  that  the  Sultan  had 
raised  the  post  at  Washington  to  an  embassy.  No  am- 
bassador has  yet  been  named  by  the  Sultan  to  this  post. 
Our  interests  demand  that  in  every  country  we  should 
be  represented  by  agents  of  the  highest  title  known 
there.  In  1907  a  bill  was  introduced  in  Congress, 
which  provided  that  all  our  diplomatic  representatives 
abroad  should  have  the  same  rank — that  of  ambassador. 
It  did  not  become  a  law,  however.  Ex-Secretary  Fos- 
ter is  of  the  opinion  that  there  will  be  no  satisfactory 
settlement  of  diplomatic  rank  until  all  distinctions  and 
special  privileges  are  abolished  and  a  single  grade  is 
established  in  all  the  capitals  of  the  world. 

This  question  of  precedence  is  frequently  a  burning 
one  among  diplomats.  The  date  of  reception  of  the 
credentials  of  an  envoy  at  the  capital  to  which  he  is 
accredited  determines  the  order  of  his  precedence,  the 
envoy  last  received  going  to  the  foot  of  the  list  of  his 
class.  A  large  part  of  the  deliberations  of  the  great 
Congresses  of  European  nations  in  earlier  times  re- 
lated to  the  matter  of  precedence  among  delegates.    At 

54 


OUR     DIPLOMATIC     SERVICE 

the  Congress  of  Ryswick  a  warm  debate  was  occasioned 
by  the  demand  of  the  German  ambassadors  that  a  par- 
ticular space  should  be  set  apart  for  their  carriages,  and 
that  that  be  the  post  of  honor.  A  quarrel  occurred  over 
the  allotment  of  rooms.  In  the  conference  room  a  single 
table  had  been  placed,  but  as  no  agreement  could  be 
reached  as  to  the  order  of  seating,  in  that  room  they  all 
stood ;  and  another  room  was  provided  in  which  there 
was  no  table,  and  the  envoys  sat  in  a  circle.  At  Utrecht 
a  round  table  was  used,  until  it  was  discovered  that  the 
place  of  honor  was  opposite  the  door  of  entrance  and 
that  every  place  of  honor  has  a  right  and  left. 

Addison,  in  the  "Spectator,"  gives  an  amusing  ac- 
count of  a  discussion  of  the  question  of  precedence 
which  he  heard  in  one  of  the  coffee  houses  of  London, 
the  result  of  which  he  sums  up  as  follows  :  ''All  I  could 
learn  at  last  from  these  honest  gentlemen  was  that  the 
matter  in  the  debate  was  of  too  high  a  nature  for  such 
heads  as  theirs,  or  mine,  to  comprehend." 

It  is  related  that  the  Spanish  ambassador  to  Eng- 
land in  1 66 1,  to  secure  a  place  in  the  royal  procession 
next  to  the  King  and  before  his  French  colleague,  at- 
tacked the  latter's  coach  in  the  streets  of  London,  ham- 
strung his  horses  and  killed  his  men,  thus  indicating 
his  country's  greatness. 

A  story  is  told  of  two  envoys  from  Italy  and  Ger- 
many, who,  being  unable  to  agree  as  to  which  should 
first  present  his  credentials  to  the  King  of  France,  stipu- 
lated that  whoever  reached  Versailles  soonest  on  the 
day  of  their  reception  should  take  precedence  of  the 

55 


OUR     FOREIGN     SERVICE 

other.  The  German  went  the  night  before  the  audience 
and  sat  on  a  bench  before  the  palace  until  dawn.  The 
Italian  arriving  early  in  the  morning,  saw  the  Prussian 
there  before  him,  and  slipped  surreptitiously  through 
the  door  of  the  King's  bedroom  and  commenced  his 
speech  of  audience.  The  German  rushed  after  him, 
pulling  him  back  by  the  skirts,  and  began  his  harangue. 

A  case  once  occurred  in  which  swords  were  drawn 
between  the  French  and  English  ministers  over  a  ques- 
tion of  precedence,  in  the  ante-room  of  the  President's 
office,  in  Washington. 

At  a  comparatively  recent  date  embarrassment  arose 
over  the  question  of  the  relative  rank  of  our  Vice  Presi- 
dent and  foreign  ambassadors,  and  later  the  same  ques- 
tion arose  in  relation  to  the  Justices  of  the  Supreme 
Court.  In  other  countries,  such  questions  are  settled 
by  the  court  master  of  ceremonies.  We  have  no  such 
ofificial.  The  functionary  who  comes  nearest  to  filling 
such  a  position  here  is  Mr.  Alvey  A.  Adee,  Second 
Assistant  Secretary  of  State,  who  has  been  connected 
with  our  diplomatic  service  and  the  Department  of 
State  since  1870,  and  is  regarded  as  an  authority  in  all 
such  matters.  His  ruling,  in  the  case  referred  to,  which 
was  followed,  was  that  the  Vice  President  took  pre- 
cedence over  a  foreign  ambassador.  The  British  am- 
bassador had  contended  that  in  the  courts  of  Europe 
an  ambassador  took  rank  next  to  royal  blood,  but  Mr. 
Adee's  view  was  that  the  Vice  President  has  the  same 
social  status  as  the  Crown  Prince,  for  he  is  the  heir- 
apparent   to    the    Presidential    office.      The    Supreme 

56 


OUR     DIPLOMATIC     SERVICE 

Court  Justices  are  ranked  below  ambassadors  at  the 
Department  of  State  and  the  White  House,  although 
at  inaugurations  and  other  ceremonies  at  the  Capitol 
where  our  Congress  has  charge  of  the  arrangements 
the  Supreme  Court  has  been  given  place  above  am- 
bassadors. 

Salaries 

Our  diplomatic  officers  are  paid  much  smaller  sala- 
ries than  are  the  representatives  of  other  large  coun- 
tries. Our  ambassadors  receive  $17,500  a  year,  and 
our  envoys  and  ministers  plenipotentiary  $10,000  and 
$12,000,  according  to  the  relative  importance  of  the 
post.  The  smallest  salary  paid  to  a  principal  diplomatic 
officer  of  the  United  States  is  $5,000 — to  our  minister 
resident  in  Liberia.  On  the  other  hand,  the  British, 
French,  and  Russian  Ambassadors  in  Washington  re- 
ceive salaries  nearly  as  large  as  our  President,  and  are 
also  given  large  allowances  for  rent  and  for  expenses 
of  entertaining,  which  are  not  allowed  our  representa- 
tives. 

No  allowance  is  made  to  our  diplomatic  officers  for 
outfits,  but  they  are  allowed  five  cents  per  mile  for 
transportation  to  their  posts,  and  to  their  homes  in 
the  United  States  upon  termination  of  their  service. 
Salary  is  allowed  for  a  period  of  thirty  days  after 
taking  the  oath  of  office,  called  an  "instruction"  period, 
and  during  transit  to  posts. 

Early  in  our  history  our  ministers  were  allowed  one- 
half  a  year's  salary  as  an  outfit  on  going  to  their  posts 

57 


OUR     FOREIGN     SERVICE 

and  one-fourth  of  a  year's  salary  as  a  return  allowance 
on  coming  home,  but  the  practice  led  to  abuses  and  was 
discontinued.  Says  Henry  Adams  in  his  "Life  of  John 
Randolph :"  "In  September,  1829,  John  Randolph  of 
Virginia,  was  offered  and  accepted  the  mission  to  Rus- 
sia; he  sailed  in  June,  1830,  remained  ten  days  at  his 
post,  then  passed  near  a  year  in  England;  and  return- 
ing home,  in  October,  1831,  drew  $21,807  from  the 
government,  with  which  he  paid  off  his  old  British  debt. 
This  act  of  Roman  virtue,  worthy  of  the  satire  of  Juve- 
nal, still  stands  as  the  most  flagrant  bit  of  diplomatic 
robbery  in  the  annals  of  the  United  States  Govern- 
ment." 

The  salaries  paid  our  diplomatic  representatives  at 
the  more  important  posts  are  entirely  inadequate.  To 
decently  meet  the  social  obligations  which  the  position 
of  the  representative  of  the  greatest  nation  of  the  world 
carries  with  it,  and  to  serve  his  government  most  suc- 
cessfully, requires  the  expenditure  of  considerable 
money.  It  is  often  said  that  under  the  conditions  ex- 
isting in  our  service  only  men  of  wealth  can  afford  to 
accept  these  positions.  John  C.  Calhoun,  who  was  of- 
fered the  diplomatic  missions  to  Paris  and  London,  felt 
compelled  to  decline  on  account  of  lack  of  private 
means.  The  late  Senator  Hoar  of  Massachusetts,  and 
numerous  other  public  men  of  ability  have  declined  the 
highest  diplomatic  posts  for  the  same  reason. 

At  the  present  time  it  is  understood  that  our  am- 
bassadors in  London,  Paris,  and  Rome  pay  as  much  for 
house  rent  alone  as  their  salaries  amount  to,  and  it  was 

58 


OUR     DIPLOMATIC     SERVICE 

currently  reported  that  the  annual  expenditure  of  our 
late  representative*  in  Berlin  to  maintain  his  position 
there  amounted  to  $200,000,  and  that  he  lived  on  the 
same  magnificent  scale  when  serving  at  St.  Petersburg, 
his  former  post. 

Some  of  our  representatives  when  searching  for  suit- 
able residences  may  find  themselves  in  somewhat  the 
position  of  the  late  Justice  Lamar  of  our  Supreme 
Court  when  he  tried  to  rent  a  house  in  a  fashionable 
quarter  of  Washington.  He  found  a  house  on  High- 
land Terrace  that  just  suited  him.  He  was  shown 
throug'h  it  by  the  owner,  expressed  his  satisfaction  with 
all  its  appointments,  and  finally  inquired  the  amount  of 
the  rent.  "$9,500  a  year,"  replied  the  owner.  Justice 
Lamar  was  silent  so  long  that  the  owner  asked  him 
what  he  was  thinking  of.  "I  was  thinking,"  he  an- 
swered, "what  I  should  do  with  the  other  $500  of  my 
salary." 

During  the  last  Congress  a  bill  was  introduced  pro- 
viding for  the  purchase  of  an  embassy  building  in  Paris, 
and  it  was  announced  that  this  was  part  of  a  programme 
contemplating  the  purchase  of  residences  for  all  our 
ambassadors.  The  bill  failed  to  become  a  law,  how- 
ever. The  carrying  out  of  such  a  plan  would  enable 
men  who  are  not  wealthy  to  accept  places  in  the  higher 
ranks  of  our  diplomatic  service. 

Most  governments  provide  official  residences  for  their 
diplomatic  representatives.     In  Washington,  legation 

*Mr.  Charlemagne  Tower. 

59 


OUR     FOREIGN     SERVICE 

houses  are  owned  by  the  British,  German,  Mexican, 
Austrian,  Itahan,  Japanese,  and  Chinese  Governments. 
This  government  owns  no  legation  houses  except  in  the 
Orient.  As  it  was  impossible  to  rent  suitable  buildings 
in  China  and  Japan,  the  United  States  has  built  and 
owns  legation  buildings  in  those  countries,  and  Con- 
gress in  1906  appropriated  $150,000  to  purchase  a 
suitable  house  for  the  American  embassy  in  Constanti- 
nople. 

It  is  desirable  that  this  government  should  own  of- 
ficial residences  at  all  capitals  where  it  is  represented 
and  our  representatives  should  receive  sufficient  pay  to 
enable  them  to  live  in  a  style  befitting  their  rank.  The 
adoption  of  such  a  policy  would  actually  be  a  measure 
of  economy.  In  the  Bering  Sea  controversy  in  1893 
it  is  said  that  the  social  prestige  of  the  British  Embassy 
of  itself  carried  the  day  as  against  the  insignificant  po- 
sition of  our  unhoused  and  poorly  paid  minister.  This 
government  in  this  one  matter  lost  a  sum  which  would 
have  been  sufficient  to  purchase  suitable  legation  houses 
for  our  representatives  in  several  capitals.  Moreover, 
the  cost  of  our  diplomatic  service  for  an  entire  year  does 
not  equal  the  expenditure  necessary  to  maintain  our 
army  and  navy  for  a  day  in  the  prosecution  of  a  war. 

Mr.  Monroe,  when  Secretary  of  State,  in  urging  an 
appropriation  increasing  the  salaries  of  our  diplomatic 
officers,  said :  "A  minister  can  be  useful  only  by  filling 
his  place  with  credit  in  the  diplomatic  corps  and  in  the 
corresponding  circle  of  society  in  the  country  in  which 
he  resides,  which  is  the  best  in  every  country.    By  tak- 

60 


OUR     DIPLOMATIC     SERVICE 

mg  the  proper  ground,  if  he  possesses  the  necessary 
quahfications  and  is  furnished  with  adequate  means, 
he  will  become  acquainted  with  all  that  passes,  and  from 
the  highest  and  most  authentic  sources."  (Annals  of 
Congress,  14th  Cong,  ist  Sess.  p.  1735.) 

Lord  Palmerston,  when  being  examined  by  a  com- 
mittee of  the  House  of  Commons  on  the  matter  of 
salaries  of  diplomatic  officers,  said :  "In  order  to  pre- 
serve good  relations  with  a  country,  it  is  not  sufficient 
simply  to  have  a  person  living  in  town  as  cheaply  as  he 
can  afford  to  exist,  because  the  social  position  of  your 
representative  is  a  very  important  element  in  his  power 
to  be  useful.  In  regard  to  his  intercourse  with  the 
ministers  of  the  country,  great  facilities  and  great 
means  of  good  understanding  are  afforded  by  easy 
social  intercourse,  which  can  only  be  possible  by  his 
being  able  to  receive  them,  as  well  as  also  being  received 
by  them.  Again,  it  is  of  great  importance  that  your 
ambassador  should  be  in  habits  of  social  intercourse 
with  the  public  men  not  in  office;  that  he  should  have 
the  means  of  receiving  them,  becoming  acquainted  with 
their  views  and  explaining  to  them  the  views  and  policy 
of  his  own  country.  Therefore,  I  think  it  is  of  great 
importance  to  this  country  that  your  representative 
should  be  in  such  an  easy  position  with  regard  to 
money  affairs  as  may  enable  him  to  receive  hospitably 
persons  of  all  kinds,  and  I  may  say  also  of  different 
nations."     (S.  Ex.  Doc.  93, — 32d  Cong.  ist.  Sess.) 


61 


OUR     FOREIGN     SERVICE 


Appointments 

Ambassadors  and  envoys  to  the  more  important 
posts  are  generally  personally  selected  by  the  Presi- 
dent, upon  his  own  knowledge  of  the  qualifications  of 
the  individuals.  It  is  essential  that  they  should  be  in 
sympathy  with  his  policy.  For  the  less  important  posts, 
it  is  customary  for  the  candidates  to  secure  the  en- 
dorsement of  the  Senators  and  Representatives  from 
their  states,  and  of  other  influential  persons,  and  to  pre- 
sent applications,  which  are  filed  in  the  Appointment 
Bureau  of  the  Department  of  State.  These  papers  are 
laid  before  the  President  when  he  calls  up  the  matter 
of  appointments,  and  frequently  the  friends  of  the 
applicants  urge  the  appointments  in  personal  inter- 
views with  the  Secretary  of  State  and  the  President. 
In  these  appointments  some  regard  is  usually  had  to 
geographical  distribution.  The  Senate  shares  with 
the  President  the  power  of  appointing  diplomatic  of- 
ficers and  may  reject  his  nominations  for  political  or 
personal  reasons,  but  the  rejection  of  a  person  who  has 
been  named  by  the  President  occurs  only  rarely.  Upon 
confirmation  by  the  Senate,  the  commission  is  made  out 
and  the  envoy  takes  the  oath  of  office. 

While  our  representatives  at  the  more  important 
diplomatic  posts  have  always  been  carefully  selected, 
diplomatic  offices  have  sometimes  been  bestowed  with- 
out special  regard  for  the  fitness  of  the  individual  for 
the  place.    A  story  is  told  of  a  man  in  Buffalo  more  not- 

62 


OUR     DIPLOMATIC     SERVICE 

ed  for  his  political  zeal  than  for  his  knowledge  of  geog- 
raphy, who,  during  the  administration  of  President 
Grant,  was  appointed  Minister  to  Ecuador.  He  read 
the  despatch  announcing  his  appointment  in  the  morn- 
ing paper,  and  when  his  friends  called  to  congratulate 
him,  said  :  "I  appreciate  your  kindness  very  much,  but 
what  I  would  like  to  know  more  than  anything  else  is 
where  the is  Ecuador?" 

A  Congressional  delegation  once  importuned  Presi- 
dent Lincoln  to  appoint  a  certain  man  as  Minister  to 
Hawaii,  urging  among  other  reasons  for  his  appoint- 
ment his  ill  health  and  the  probability  that  his  health 
would  be  benefited  by  the  Hawaiian  climate.  Mr. 
Lincoln  replied :  "Gentlemen,  you're  too  late.  There 
are  nine  candidates  for  the  place  ahead  of  you,  and 
every  one  of  them  is  sicker  than  yours." 

There  is  a  well-authenticated  story  that  Secretary 
Seward,  when  remonstrated  with  for  permitting  to  re- 
main in  the  diplomatic  service  a  minister  who  was  dis- 
crediting his  country,  said :  "Sir,  some  persons  are 
sent  abroad  because  they  are  needed  abroad,  and  some 
are  sent  because  they  are  not  wanted  at  home." 

Referring  to  the  custom  of  appointing  to  foreign 
missions  members  of  Congress  who  had  been  defeated 
for  re-election,  the  late  Secretary  Hay  remarked :  "A 
quiet  legation  is  the  stuffed  mattress  which  the  political 
acrobat  wants  always  to  see  ready  under  him  in  case  of 
a  slip." 


63 


OUR     FOREIGN     SERVICE 


Secretaries 

In  addition  to  an  ambassador,  or  minister,  there  are 
three  secretaries  each  at  London,  Paris,  Berhn,  St. 
Petersburg,  and  Mexico,  and  two  each  at  Vienna,  Pe- 
kin,  Rio,  Rome,  Habana,  Tokyo  and  Constantinople. 
Each  of  our  other  Legations  has  one  secretary,  except 
at  Port  au  Prince.  These  secretaries  receive  salaries 
varying  from  $1,200  to  $3,000  a  year,  and  during  the 
absence  of  the  principal  diplomatic  officer  the  first 
secretary  acts  as  charge  d'  affaires  ad  interim,  and  while 
so  doing  receives  an  allowance  equal  to  one-half  the 
salary  of  the  principal  officer.  These  places  are  much 
sought  after  because  of  their  social  position,  and  the 
opportunities  afforded  for  advancement.  They  make 
excellent  training  schools  for  diplomats. 

Under  an  Executive  Order  issued  by  President 
Roosevelt  on  November  10,  1905,  vacancies  in  the 
office  of  Secretary  of  Embassy  or  Legation  can  only  be 
filled  by  transfer  or  promotion  from  some  branch  of 
the  foreign  service,  or  by  the  appointment  of  a  person 
who,  having  furnished  satisfactory  evidence  of  char- 
acter, responsibility  and  capacity,  and  being  thereupon 
selected  by  the  President  for  examination,  is  found 
upon  such  examination  to  be  qualified  for  the  position. 

Efficient  secretaries  are  useful  officials.  Moser  says  : 
"An  ambassador  is  often  like  the  hands  of  a  clock  while 
his  secretaries  resemble  the  works."  And  Andrew  D. 
White  calls  efficient  secretaries  and  attaches  "antennae 

64 


OUR     DIPLOMATIC     SERVICE 

of  the  ambassador  or  minister, — additional  eyes  and 
ears  to  ascertain  what  is  going  on  among  the  most 
influential  in  public  affairs." 

In  addition  to  performing  the  usual  duties  attaching 
to  the  office  of  secretary,  our  Secretaries  of  Embassy 
and  Legation  are  authorized  by  law  to  administer  oaths, 
take  depositions,  and  generally,  to  perform  notarial 
acts. 

Three  of  our  ambassadors, — Henry  White,  now 
representing  the  United  States  at  Paris,  John  W.  Rid- 
dle, our  ambassador  at  St.  Petersburg,  and  Lloyd  C. 
Griscom,  ambassador  at  Rome, — began  their  diplomatic 
service  as  secretaries  of  legation.  Mr.  White  has  been 
for  more  than  twenty  years  in  our  diplomatic  service 
and  Mr.  Riddle  has  served  upwards  of  fifteen  years. 

There  are  two  Chinese  Secretaries  attached  to  the 
Legation  at  Peking,  and  two  Japanese  Secretaries  at 
our  Embassy  at  Tokyo. 

Interpreters 

There  are  Interpreters  at  the  Legations  in  Oriental 
countries ;  and  at  our  Embassy  in  Japan  there  are  four 
Student  Interpreters,  and  at  the  Legation  in  China 
there  are  seven  Student  Interpreters. 

Military  and  Naval  Attaches 

At  the  most  important  foreign  capitals  this  govern- 
ment has  military  and  naval  attaches,  experts  in  their 
professions,  charged  with  the  duty  of  keeping  in  touch 
For.  Serv.— 5  61; 


OUR     FOREIGN     SERVICE 

with  the  progress  made  by  the  other  countries  of  the 
world  in  miHtary  and  naval  matters.  These  attaches 
are  commissioned  by  the  Secretary  of  State,  but  are 
named  by  the  Secretaries  of  War  and  Navy  and  act 
under  the  instructions  of  the  latter. 

Clerks 

Provision  is  made  by  law  for  the  employment  of 
clerks  at  the  various  embassies  and  legations.  All 
appointed  since  the  Act  of  April  5,  1906,  went  into 
effect,  must  be  citizens  of  the  United  States. 

The  personnel  of  our  entire  Diplomatic  establish- 
ment, exclusive  of  clerks,  at  present  numbers  one 
hundred  and  fifty-seven.  The  last  annual  appropria- 
tion for  salaries  was  $780,075. 

Qualifications 

The  profession  of  diplomacy  is  one  of  the  most  im- 
portant an  individual  can  engage  in  and  demands  men 
of  the  highest  ability  and  attainments  and  the  broadest 
experience.  The  peace  and  prosperity  of  a  state  de- 
pend in  large  degree  on  the  men  selected  to  represent 
it  in  foreign  countries.  As  has  been  well  said  by  a 
recent  writer  on  the  subject :  "There  is  no  position 
among  mankind  which  requires  a  clearer  and  sounder 
mind  than  that  of  a  diplomatist.  The  most  unexpected 
events  are  constantly  arising,  even  at  the  smallest 
courts,  which  require  delicate  handling;  while  occa- 
sions which  a  keen  observer  might  turn  to  precious  ac- 

66 


OUR     DIPLOMATIC     SERVICE 

count  for  restoring  the  peace  or  assuring  the  interests 
of  the  world  pass  unnoticed  or  unemployed  by  a  per- 
son of  lower  and  more  ordinary  capacity." 

A  diplomatic  officer  may,  through  his  own  efforts, 
avert  or  postpone  a  great  war.  If  he  is  successful  in 
shortening  a  war  by  a  single  day,  he  may  save  his  gov- 
ernment more  than  its  entire  outlay  for  its  diplomatic 
service  for  a  year,  besides  the  loss  of  life  and  destruc- 
tion of  property.  A  diplomatic  officer  is  pre-eminently 
a  peacemaker,  and  when  war  comes,  diplomacy  does  not 
end,  as  the  diplomat  frequently  performs  the  work  of  a 
military  offi.cer, — with  the  difference  that  his  means 
are  pacific. 

In  Europe,  the  diplomatic  service  offers  a  career  to 
those  who  enter  it,  promotions  are  made  from  the 
lower  to  the  higher  grades  in  recognition  of  ability  and 
efficiency,  and  aged  members  of  the  corps  are  retired 
on  liberal  pay.  Our  diplomatic  service  does  not  offer 
all  these  inducements.  Our  diplomatic  officers  are  gen- 
erally expected  to  tender  their  resignations  with  each 
change  of  President.  It  is  worthy  of  note,  however, 
that  there  were  practically  no  changes  in  the  personnel 
of  our  diplomatic  service  when  Air.  Roosevelt  suc- 
ceeded Mr.  McKinley  in  1901,  and  in  the  changes  that 
have  since  been  made,  the  principle  of  promotion  for 
merit  appears  to  have  largely  governed.  An  examina- 
tion of  the  Department  of  State  Register  shows  that  of 
the  ten  ambassadors  now  representing  the  United 
States  abroad,  nine  have  been  promoted  from  the  rank 
of  minister,  and  the  other  previously  served  as  am- 

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OUR     FOREIGN     SERVICE 

bassador.  And  three  began  their  career  as  Secretaries 
of  Legation.  Thirteen  of  the  thirty-four  ministers 
have  served  as  secretaries  of  legation;  four  have  seen 
service  as  consuls;  and  two  have  served  as  officers  of 
the  Department  of  State. 

Moreover,  as  already  indicated  (supra  p.  64)  by  Ex- 
ecutive Order  of  November  10,  1905,  vacancies  in  the 
office  of  Secretary  of  Embassy  or  Legation  are  required 
to  be  filled  either  by  transfer  or  by  promotion  from 
some  branch  of  our  foreign  service,  or  by  the  appoint- 
ment of  a  person  selected  by  the  President,  if  upon 
examination,  he  is  found  qualified  for  the  position.  The 
subjects  upon  which  candidates  are  examined  under 
this  Executive  Order  are  international  law,  diplomatic 
usage,  and  either  French  or  the  language  spoken  in  the 
country  in  which  the  embassy  or  legation  is  located. 
It  is  to  be  hoped  that  this  step  in  the  right  direction 
will  be  followed  by  a  measure  providing  for  promotions 
to  the  grade  of  envoy  from  secretaries  who  are  found 
to  be  qualified,  and  to  the  grade  of  ambassador  from 
ministers. 

It  has  been  well  said  that  the  only  satisfactory  pre- 
paration for  the  diplomatic  service  is  experience.  There 
is  great  advantage  in  possessing  experience  in  affairs. 
While  it  goes  without  saying  that  no  course  of  study, 
however  broad,  of  itself,  can  prepare  a  man  for  the 
diplomatic  service,  a  certain  amount  of  elementary 
preparation  is  absolutely  necessary;  and  there  are  cer- 
tain qualifications  without  which  no  man  can  hope  to 
attain  success  in  the  diplomatic  service. 

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OUR     DIPLOMATIC     SERVICE 

Only  those  who  have  won  recognition  at  home  as 
men  fit  to  uphold  the  dignity  and  represent  the  inter- 
ests of  their  country  abroad  should  be  appointed  to 
the  office  of  envoy  or  ambassador.  They  should  be  of 
approved  honor  and  integrity. 

The  diplomatic  officer  should  have  a  general  know- 
ledge of  history,  of  treaties,  of  law,  of  the  French  lan- 
guage and  the  language  of  the  country  to  which  he  is 
sent. 

"The  diplomatist  should  know  the  history  of  the 
great  powers  and  of  their  relations  with  each  other, 
as  a  competent  physician  would  wish  to  know  the  life 
record  of  a  delicate  or  dangerous  patient,  for  the  pres- 
ent is  but  the  epitome  and  expression  of  the  past.  The 
future  knows  no  other  guide  and  it  is  from  history 
that  we  are  to  gather  the  formulas  of  present  action." 
(Dr.  David  J.  Hill  in  the  "Contemporary  Development 
of  Diplomacy.") 

The  man  sent  to  represent  us  abroad  should  be  famil- 
iar with  the  history  of  our  country  and  with  its  politi- 
cal doctrines. 

He  should  acquaint  himself  with  the  history  and 
traditional  usage  and  customs  of  the  country  to  which 
he  is  accredited. 

He  should  have  a  knowledge  of  international  law,  as 
by  its  rules  the  intercourse  of  states  is  regulated,  and 
of  treaties, — the  most  conspicuous  source  of  that  law. 
A  special  study  should  be  made  of  the  treaties  to  which 
the  United  States  is  a  party. 

He  should  be  conversant  with  the  usages  of  trade 

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OUR     FOREIGN     SERVICE 

and  commerce,  and  know  the  elementary  principles  of 
the  common  law.  If  he  is  able  to  give  a  clear  exposi- 
tion of  the  law  of  his  country  he  may  often  prevent 
serious  misunderstandings. 

He  should  also  have  a  knowledge  of  the  general  laws 
in  force  in  the  country  in  which  he  is  residing,  to  en- 
able him  to  give  useful  advice  and  warning  to  his  fel- 
low country-men. 

He  should  be  familiar  with  the  French  language.  A 
knowledge  of  this  language  is  indispensable  in  Euro- 
pean countries,  as  it  is  the  generally  received  language 
of  diplomacy  there.  Henry  Wheaton,  the  experienced 
diplomatist  and  international  law  writer,  said :  "A  diplo- 
matic officer  at  a  European  court  might  as  well  be  deaf 
and  dumb  as  to  be  ignorant  of  French, — the  language 
which  is  the  universal  tongue  of  diplomacy." 

It  is  worthy  of  notice  that  in  the  instructions  to  the 
first  diplomatic  agent  sent  abroad  by  the  United  States, 
was  the  injunction  to  acquire  "Parisian  French." 

Just  after  the  German  war,  an  effort  was  made  by 
the  German  Government  to  introduce  German  as  a 
diplomatic  language,  and  the  German  Ambassador  at 
St.  Petersburg  stated  to  Prince  Gortchakoff  his  inten- 
tion to  write  to  him  in  the  future  in  that  tongue.  "Cer- 
tainly" replied  the  Prince,  "We  all  understand  German. 
Of  course  you  must  expect  our  replies  to  be  in  Rus- 
sian."   Nothing  further  was  heard  of  the  proposition. 

At  one  time,  the  French  diplomatic  representative  at 
Berlin  insisted  that  the  German  Government  should  use 
French  in  its  correspondence  with  him.     This  called 

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OUR     D I P  L  O  M A  TIC     SERVICE 

out  from  Bismarck  the  famous  remark  that  he  would 
find  means  which  would  make  a  dispatch  written  in  the 
German  language  intelligible  in  Paris. 

A  familiarity  with  Spanish  is  also  a  sine  qua  non  in 
Latin  American  countries.  It  is  the  practice  of  our 
diplomatic  officers,  however,  to  write  in  English  all 
communications  to  the  government  to  which  they  are 
accredited,  in  urgent  cases  accompanying  them  with 
translations  into  the  language  of  that  country. 

A  diplomatic  officer  should  be  a  person  of  good  man- 
ners and  acquainted  with  the  usages  of  the  best  society. 
In  a  word,  he  should  be  a  gentleman.  Ex-Secretary 
Foster,  in  "Practice  of  Diplomacy,"  says:  "A  boor  in 
manners,  or  one  disagreeable  instead  of  affable  in  his 
demeanor,  can  hardly  expect  to  make  himself  popular  in 
social  circles,  or  even  to  be  successful  in  the  dispatch  of 
the  business  of  his  country." 

It  is  said  of  Prince  Gortchakoff,  the  Russian  Minis- 
ter of  Foreign  Affairs,  that  all  other  things  being  equal, 
he  judged  a  good  deal  of  the  fitness  of  a  candidate  for 
a  diplomatic  office  by  the  manner  in  which  he  entered 
the  room  and  addressed  him. 

Among  other  qualifications  which  go  to  make  a 
successful  diplomatist  are  a  good  temper,  tact,  shrewd- 
ness and  discretion.  Without  the  first,  the  diplomatic 
officer  can  scarcely  expect  to  cultivate  friendly  relations 
with  the  representatives  of  the  country  to  which  he  is 
sent  or  to  favorably  impress  them  with  the  attitude  of 
his  own  government  towards  them.     He  should  never 

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OUR     FOREIGN     SERVICE 

allow  personal  feelings  to  interfere  with  the  perform- 
ance of  a  public  duty. 

He  will  find  ample  scope  for  the  exercise  of  tact  and 
discretion  in  the  conduct  of  his  official  business  and 
frequent  occasions  will  arise  requiring  the  display  of 
good  judgment  and  shrewdness. 

As  men  are  more  readily  influenced  by  interest  and 
prejudice  than  by  reason,  a  knowledge  of  human  nature 
is  essential  to  the  success  of  the  diplomat.  The  study 
of  men  is  a  large  part  of  his  science,  and  his  success 
depends  greatly  on  his  skill  in  what  Bacon  terms  the 
art  of  "working"  men. 

An  illustration  of  the  wisdom  of  exercising  tact  and 
conciliation  is  found  in  the  negotiations  of  the  Treaty 
of  1815  with  England,  and  with  France  concerning 
Napoleon's  spoliations.  Moore,  in  his  International 
Law  Digest,  quotes  the  following  from  Wharton's  Di- 
gest :  "Mr.  Adams'  negotiations  with  Great  Britain 
and  France  failed  on  points  as  to  which  the  administra- 
tion of  General  Jackson  subsequently  succeeded.  That 
this  may  be  attributed  to  want  of  tact  and  of  suitable 
recognition  of  the  characteristics  of  those  with  whom 
Mr.  Adams  had  to  deal,  is  illustrated  by  the  success  of 
the  subsequent  negotiations.  Participation  in  the  West 
Indian  commerce  w^as  refused  by  Great  Britain  when 
demanded  by  Mr.  Adams  as  a  right ;  it  was  granted  to 
General  Jackson  when  asked  as  an  equivalent.  Pay- 
ment of  Napoleon's  spoliations  was  refused  to  Mr. 
Adams  by  Louis  XVIII.  when  it  was  made  the  subject 
of  continuous  diplomatic  irritation ;  it  was  granted  to 

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OUR     DIPLOMATIC     SERVICE 

General  Jackson  by  Louis  Philippe  when  it  was  the 
subject  of  peremptory  though  courteous  demand." 

Franklin's  shrewdness  was  illustrated  in  the  nego- 
tiation of  the  commercial  treaty  of  1778  with  France. 
Molasses  was  the  chief  article  exported  from  the 
French  West  Indies  to  New  England,  where  it  was 
turned  into  rum.  Deane,  Franklin's  associate,  who 
came  from  Connecticut,  thought  it  would  be  a  good 
thing  to  get  France  to  promise  not  to  lay  any  impedi- 
ment in  the  way  of  the  exportation  of  molasses  from 
the  West  Indies  to  the  United  States.  Franklin  ac- 
quiesced, and  proposed  the  inclusion  of  such  a  provision 
in  the  treaty.  The  French  negotiators  asked  "What 
equivalent  do  you  give  us?"  Franklin,  knowing  it  was 
the  policy  of  the  United  States  to  refrain  from  taxing  ex- 
ports going  from  its  shores,  said  :  "You  bind  yourselves 
not  to  impose  au)^  tax  on  molasses  going  from  your  col- 
onies to  the  United  States,  the  United  States  will  agree 
not  to  tax  anything  whatever  going  from  the  United 
States  to  your  colonies."  Now  in  this,  the  French  gave 
up  something,  for  they  held  to  the  traditional  policy  of 
taxing  exports,  but  the  United  States  gave  up  nothing, 
for  to  them,  the  idea  of  taxing  exports  was  absurd,  and 
therefore  they  got  molasses  free.  Owing  to  the  oppo- 
sition of  Franklin's  associates,  Lee  and  Izard,  however, 
this  provision  after  being  agreed  to  by  the  French 
negotiators,  was  rescinded.  (Wharton,  i  Dip.  Cor. 
Amer.  Rev.  Sec.  46.) 

A  clever  New  Englander  who  represented  our  gov- 
ernment abroad  showed  the  writer  his  draft  of  an  ex- 

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OUR     FOREIGN     SERVICE 

tradition  treaty  which  he  had  been  instructed  to  nego- 
tiate. The  writer  noticed  and  called  his  attention  to 
the  fact  that  the  usual  provision  exempting  citizens  from 
surrender  had  been  omitted.  "Yes"  said  our  Minister, 
"I  know  we  desire  to  include  that  provision,  and  the 
other  g"overnment  will  insist  upon  its  inclusion,  but  I 
purposely  omitted  it  from  my  draft  that  I  might  have 
that  to  trade  with."  And  he  succeeded  in  securing  a 
treaty  in  which  he  obtained  certain  concessions  by 
agreeing  to  include  a  clause  exempting  citizens  from 
surrender. 

Female  Diplomatists 

This  is  an  age  in  which  women  are  claiming  the  right 
to  enter  nearly  every  profession  or  business  in  which 
men  engage.  There  have  been  instances  in  history 
where  women  have  acted  as  diplomatic  agents. 

In  1645,  Madame  de  Gubriant  was  sent  as  an  am- 
bassadress from  France  to  Bologna.  She  was  charged 
with  the  duty  of  conducting  Princess  Marie  Louise  of 
Mantua,  who  had  been  espoused  by  the  King  of  Bo- 
logna. Upon  arriving  at  the  capital,  Varsovia,  the 
King,  because  of  false  reports  which  had  reached  him 
concerning  Marie  Louise,  refused  to  carry  out  the  en- 
gagement, but  Madame  de  Gubriant  managed  the  affair 
with  such  sagacity  and  skill  that  he  soon  decided  to 
consummate  the  marriage. 

And  in  1701,  Augustus  II.  of  Poland,  sent  his  mis- 
tress, the  Countess  of  Konigsmark,  one  of  the  most 

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OUR     DIPLOMATIC     SERVICE 

beautiful  and  accomplished  women  of  the  period,  as  a 
secret  ambassador,  to  endeavor  to  conclude  a  treaty  of 
peace  with  King  Charles  XII.  of  Sweden,  with  which 
country  Poland  was  at  w^ar.  But  Charles,  fearing  the 
wiles  of  the  fair  ambassadress,  declined  to  treat  with 
her. 

During  President  Cleveland's  last  administration, 
the  well-known  female  lawyer,  Marilla  Ricker,  of  New 
Hampshire,  announced  herself  as  a  candidate  for  the 
post  of  United  States  Minister  to  Columbia.  In  a 
newspaper  interview  she  said,  "If  Luther  McKinney 
(the  incumbent  of  the  office  at  that  time)  can  fill  the 
place,  I  can  overflow  in  it."  She  did  not  receive  the  ap- 
pointment. The  English  diplomat,  Grenville  Murray, 
says  that  "women  are  good  as  counsellors  but  bad  as 
actors."  He  adds :  "Perhaps  no  negotiation  has  ever 
been  perfected  since  the  creation  of  the  world  without 
the  interference  and  advice  of  women,  but  they  are  best 
kept  out  of  sight."  Perhaps  the  greatest  obstacle  to  the 
employment  of  women  as  diplomatic  officers  is  their 
well-known  inability  to  keep  a  secret. 

Murray,  in  his  book  "Embassies  and  Foreign 
Courts,"  states  that  Pope  Sextus  V.  in  an  unguarded 
moment  bestowed  the  title  of  Ambassadress  on  the  wife 
of  the  Spanish  Ambassador  at  the  Vatican,  and  ad- 
mitted her  to  all  the  honors  of  that  distinguished  rank, 
including  the  proud  privilege  of  kissing  his  toe.  The 
wives  of  the  other  ambassadors  at  Rome  immediately 
clamored  for  the  same  privileges  and  the  Pope  con- 
ceded the  same  rank  to  them  as  an  alternative  to  leav- 

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OUR     FOREIGN     SERVICE 

ing  the  Vatican  to  escape  from  an  irritated  ladydom. 
Mr.  Murray  says : 

"To  any  person  who  has  enjoyed  favorable  oppor- 
tunities of  becoming  acquainted  with  the  vigorous  pro- 
ceedings adopted  by  a  band  of  ladies,  all  of  one  mind  on 
some  particular  subject,  it  need  not  be  a  matter  of  sur- 
prise that  the  Pope  submitted  without  venturing  upon  a 
parley.  He  was,  however,  little  aware  of  the  aspiring 
nature  of  the  feminine  soul,  or  it  is  a  cjuestion  if  he  would 
not  have  endured  an  honorable  martyrdom  to  assure 
the  peace  of  the  world  rather  than  have  taken  this  fatal 
step.  The  ambassadresses  no  sooner  got  their  title 
than  they  resolved  to  display  it  in  as  public  a  manner  as 
possible.  Quiet,  sober  old  diplomatists,  all  tucks  and 
wig,  were  promptly  married  by  blooming  and  strong- 
minded  young  females.  Widows  of  large  fortune  and 
a  taste  for  society  lay  in  wait  for  tottering  elderly 
gentlemen,  who  might  have  been  their  grandfathers, 
and  bore  them  off  in  spite  of  senile  struggles  to  the 
nearest  clergyman.  There  was  quite  a  mania  for  am- 
bassadors among  marriageable  ladies 

Energetic  ladies  (wives  of  ambassadors)  who  had 
hitherto  submitted  to  be  stowed  away  in  holes  or  cor- 
ners, started  off  with  great  decision  to  the  most  distant 
foreign  courts ;  and  ambassadors  who  were  whispering 
sweet  nothings  (in  the  interest  of  their  country,  of 
course)  to  the  most  distinguished  beauties  of  Paris  and 
Madrid,  were  horror-stricken  at  receiving  a  well  known 
box  on  the  ear,  and  an  order  to  take  larger  lodgings 
from  an  awful  person  with  an  antediluvian  bonnet, 

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OUR     DIPLOMATIC     SERVICE 

whom  they  had  not  seen  these  twenty  years.  Diplo- 
macy, from  being  a  rather  jolly  profession  than  other- 
wise, became  as  gloomy  as  the  private  life  of  a  comic 
actor,  and  most  of  the  small-legged,  knock-kneed,  dried 
up  little  beaux,  in  peach  blossom  coats,  who  were 
among  the  diplomatic  celebrities  of  those  times,  thought 
of  the  Pope  with  a  bitterness  and  impotence  of  anger 
which  was  the  laughter  of  all  the  pages  and  equerries 
in  Europe.  The  new  ambassadresses  appeared  with 
such  dignity  and  magnificence  at  the  Congress  of  West- 
phalia that  no  business  could  go  on  because  of  them. 
The  pretentions  of  the  ambassadresses  in  the  end  be- 
came so  troublesome,  that  some  courts  refused  to  treat 
them  with  any  ceremony  whatever,  and  at  other  courts 
they  were  not  recognized  at  all." 

s 

Some  governments  prohibit  their  diplomatic  repre- 
sentatives abroad  from  m^arrying  foreign  wives,  without 
the  consent  of  their  sovereign.  J\Ir.  Denby  in  his  book 
"China  and  Her  People,"  states  that  "The  German 
Minister  to  China  some  years  ago  who  had  had  a  long 
and  highly  creditable  diplomatic  career,  became  en- 
amored with  the  attractive  daughter  of  the  American 
Minister  to  Korea,  and  his  telegraphic  request  for  the 
permission  of  the  Emperor  being  refused,  married  the 
young  lady  in  spite  of  it.  His  act  was  followed  by  his 
recall,  and  he  was  permanently  retired  from  the  serv- 
ice." 

In  our  own  capital,  it  seems  to  be  quite  the  fashion 
for  foreign  diplomats  to  marry  American  ladies. 

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OUR     FOREIGN     SERVICE 


Privileges  and  Immunities 

Partly  because  the  intercourse  of  states  could  not 
conveniently  be  carried  on  otherwise,  and  partly  as  a 
matter  of  respect  to  persons  representing  a  sovereign, 
diplomatic  officers  enjoy  certain  extraordinary  privi- 
leges. One  is  inviolability  of  person.  From  an  early 
period  the  persons  of  ambassadors  have  been  held 
sacred.  They  are  under  the  special  protection  of  the 
law  of  nations.  Crimes  against  the  person  of  a  diplo- 
matic officer  are  punished  with  severe  penalties  by  the 
municipal  laws  of  all  states. 

They  are  exempt  from  the  jurisdiction  of  the  country 
in  which  they  are  resident.  They  cannot  be  arrested 
or  tried.  If  the  British  Ambassador  in  Washington 
should  commit  murder  or  robbery,  the  police  would  be 
powerless  to  arrest  him.  No  warrant  or  other  process 
of  our  courts  could  be  served  on  him.  The  utmost  that 
could  be  done  would  be  for  this  government  to  demand 
that  his  government  recall  him  and  punish  him. 

In  1892,  an  attache  of  the  Swiss  Legation  at  this 
capital,  was  arrested  at  Bay  Ridge,  Md.,  suspected  of 
theft,  and  was  taken,  notwithstanding  his  claim  of  ex- 
emption, by  the  police  to  Annapolis,  where  upOn  ex- 
amination by  the  Chief  of  Police,  he  was  discharged. 
The  Swiss  Government  asked  for  the  punishment  of 
the  officer  making  the  arrest  and  disavowal  of  the  act. 
The  State  Department  requested  of  the  Governor  of 
Maryland  an  investigation  and  appropriate  action;  the 

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OUR     DIPLOMATIC     SERVICE 

case  was  investigated,  the  police  officer  was  dismissed 
from  office,  and  an  apology  tendered  by  the  Governor 
for  the  act,  which  was  satisfactory  to  the  Swiss  Gov- 
ernment. 

The  case  will  be  recalled  of  the  secretary  of  the 
British  Embassy  who  was  arrested  in  1904  at  Lenox, 
Mass.,  charged  with  running  his  automobile  at  an  un- 
lawful speed.  When  taken  before  the  local  magistrate, 
the  secretary  raised  the  question  of  diplomatic  exemp- 
tion, but  the  magistrate  declined  to  recognize  the  plea 
and  imposed  a  fine.  The  matter  was  made  the  subject 
of  diplomatic  correspondence,  and  the  Governor  called 
upon  the  magistrate  for  an  explanation ;  the  magistrate 
stated  that  he  was  ignorant  of  the  law  on  the  subject; 
the  fine  was  remitted  and  an  apology  was  made,  which 
closed  the  incident.     (For.  Rel.  1892,  p.  521.) 

For  such  an  offense  as  plotting  against  the  security 
of  the  state  to  which  he  is  accredited,  however,  a  pub- 
lic minister  may  be  arrested  and  forcibly  expelled  from 
the  country.  Thus,  the  Swedish  Minister  in  London, 
who  was  detected  in  a  conspiracy  against  the  British 
Government  in  171 7,  was  arrested  and  expelled  from 
England. 

While  a  diplomatic  officer  cannot  be  prosecuted  for 
violations  of  the  law,  it  is  his  duty  to  respect  the  law 
of  the  country  in  which  he  is  residing  and  he  may  be 
prevented  from  doing  unlawful  acts,  particularly  acts 
endangering  the  lives  of  others,  such  as  reckless  driv- 
ing or  motoring,   in  disregard   of  police  regulations 

79 


OUR     FOREIGN     SERVICE 

concerning  the  use  of  the  streets.  (See  4  Moore  Int. 
Law  Digest,  678.) 

Diplomatic  officers  also  enjoy  exemption  from  civil 
actions.  They  cannot  be  sued  for  debts  contracted  by 
them.  No  civil  process  can  be  served  on  them,  and 
their  furniture  and  other  personal  property  are  exempt 
from  seizure  on  execution.  A  diplomatic  officer  here 
could  run  up  a  large  bill  for  furnishing  his  legation  and 
then  refuse  to  pay  it.  His  creditor  would  be  powerless 
to  enforce  payment  of  the  indebtedness  by  proceedings 
in  the  courts,  or  to  recover  his  furniture  by  judicial 
procedure.  His  only  remedy  would  be  by  complaint 
to  the  Department  of  State,  which,  if  the  case  were  a 
clear  one,  would  probably  use  its  good  offices  to  secure 
payment  of  the  indebtedness.  A  few  years  ago,  the 
owner  of  "Stewart  Castle,"  in  Washington,  being  un- 
able to  secure  satisfaction  from  a  Chinese  Minister  for 
damages  done  to  the  premises  during  its  occupancy  by 
the  Chinese  Legation,  presented  a  claim  to  the  State 
Department,  and  the  latter,  after  investigation,  in- 
structed our  minister  at  Peking  to  bring  the  matter  to 
the  attention  of  the  Chinese  Government  and  use  his 
good  offices  to  obtain  settlement.  A  satisfactory  ad- 
justment of  the  claim  was  effected  in  this  way. 

Diplomatic  officers  are  also  largely  exempt  from  tax- 
ation. Where  the  legation  property  is  owned  by  the 
foreign  government  it  is  not  subject  to  taxation.  The 
person  and  personal  effects  of  foreign  ministers  are  not 
liable  to  taxation,  and  in  the  District  of  Columbia  they 
are  even  exempt  from  the  dog  tax.     They  are  also 

80 


OUR     DIPLOMATIC     SERVICE 

granted  free  entry  of  articles  imported  into  the  coun- 
try for  their  own  use  or  that  of  their  famihes. 

The  immunities  possessed  by  a  diplomatic  officer  are 
also  enjoyed  to  a  considerable  degree  by  the  members 
of  his  family  and  his  servants,  who  are  necessary  for 
his  comfort  and  convenience. 

A  diplomatic  representative  cannot  be  compelled  to 
appear  in  court  as  a  witness.  When  the  testimony 
which  he  is  called  upon  to  give  does  not  concern  the 
business  of  his  mission  and  the  circumstances  are  of  a 
nature  to  counsel  him  to  respond  in  the  interests  of 
justice,  it  is  the  practice  of  this  Government  to  permit 
its  representative  to  testify.  The  custom,  however, 
where  practicable,  is  for  a  diplomatic  officer  to  give  his 
deposition  at  his  office,  before  a  magistrate  of  the  ap- 
propriate tribunal  who  comes  for  that  purpose. 

On  the  trial  of  Guiteau,  the  Venezuelan  Minister  who 
was  present  at  President's  Garfield's  assassination  and 
who  was  called  as  a  witness  for  the  prosecution,  under 
the  instructions  of  his  government,  waived  his  exemp- 
tion and  appeared  as  a  witness. 

In  1856,  in  a  case  where  a  homicide  was  committed 
in  Washington  in  the  presence  of  the  Dutch  Minister, 
however,  that  official  upon  being  requested  to  appear 
and  give  his  testimony,  refused.  He  offered  to  make  a 
deposition  in  writing  but  it  was  not  taken,  our  Consti- 
tution guaranteeing  the  accused  in  all  criminal  prosecu- 
tions the  right  to  be  confronted  with  the  witnesses 
against  him.  This  government  requested  the  Dutch 
Government  to  permit  the  minister  to  appear  and  tes- 
FoR.  Serv. — 6  81 


OUR     FOREIGN     SERVICE 

tify  but  that  government  supported  its  minister  in  the 
position  which  he  had  taken  and  his  evidence  was  not 
given. 

In  1902.  the  son  of  the  United  States  Minister  to 
Guatemala  shot  and  killed  another  American  citizen  in 
the  city  of  Guatemala.  Secretary  Hay,  upon  the  re- 
quest of  the  Guatemalan  Government,  instructed  our 
Secretary  of  Legation  who  had  witnessed  the  shooting, 
to  waive  his  diplomatic  immunity  and  give  his  testi- 
mony before  the  Guatemalan  courts.  This  case  raised 
some  interesting  questions.  The  accused,  up  to  a  short 
time  before  the  occurrence,  had  been  a  clerk  in  our 
Legation  at  Guatemala.  As  an  attache  of  the  Legation 
or  as  a  member  of  the  Minister's  household,  he  would 
have  been  exempt  from  the  local  jurisdiction.  But  our 
Minister  cabled  to  the  Secretary  of  State  that  his  son 
was  24  years  of  age,  in  business  for  himself,  and  not 
connected  with  the  Legation  in  any  way  to  entitle  him 
to  immunity  from  the  local  jurisdiction,  and  that  the 
Guatemalan  courts  had  taken  cognizance  of  the  case. 
He  was  tried  in  the  Guatemalan  courts  and  acquitted. 

Most  of  the  states  of  Continental  Europe  have  the 
power  under  their  judicial  systems,  to  try  their  subjects 
for  offenses  committed  in  other  countries.  But  in  the 
United  States  the  general  theory  exists  that  offenses 
should  be  prosecuted  and  punished  in  the  place  where 
committed,  and  except  in  a  very  limited  class  of  cases 
covered  by  special  statutes,  no  provision  is  made  for 
the  trial  and  punishment  in  this  country  of  persons 
charged  with  crimes  committed  in  foreign  countries. 

82 


OUR     DIPLOMATIC     SERVICE 

The  legation  or  residence  of  a  diplomatic  officer  is 
presumed  to  be  a  part  of  the  territory  of  the  State 
which  he  represents,  and  the  children  born  to  him  in 
the  country  where  he  is  serving  are  held  to  be  subjects 
of  his  own  country  notwithstanding  the  laws  of  the 
country  where  they  are  born  declare  that  all  persons 
born  there  are  citizens  of  that  country. 

Credentials 

When  a  diplomatic  officer  starts  for  his  post  he  is 
furnished  with  a  letter  of  credence,  which  is  a  letter 
from  the  President  addressed  to  the  head  of  the  govern- 
ment to  which  he  is  going,  stating  that  the  President, 
reposing  confidence  in  his  zeal,  ability  and  discretion, 
has  appointed  him  as  ambassador  or  minister  of  the 
United  States  at  such  a  place;  and  that  he  hopes  all 
faith  and  credit  will  be  given  him  when  he  speaks  for 
the  United  States.  This  letter  is  always  addressed 
to  "Great  and  Good  Friend"  and  is  signed  "Your  Good 
Friend,"  followed  by  the  President's  name,  and  coun- 
tersigned by  the  Secretary  of  State. 

The  general  rule  of  European  governments  is,  before 
the  actual  appointment  of  a  diplomatic  representative 
to  privately  ask  the  government  to  which  it  is  pro- 
posed to  send  him  whether  he  is  acceptable  to  it. 
There  are  often  personal  or  political  reasons  why 
an  envoy  may  not  be  acceptable  in  a  particular  country, 
and  a  government  has  a  perfect  right  to  refuse  to  re- 
ceive him.   The  United  States  has  not  always  observed 

83 


OUR     FOREIGN     SERVICE 

this  rule.  In  the  case  of  Ex-Senator  Blair  who  was  ap- 
pointed minister  to  China,  that  government  as  soon  as 
it  learned  of  his  appointment,  notified  the  United  States 
that  it  would  not  receive  him,  its  objection  being  that 
while  in  the  Senate  he  had  opposed  the  admission  of 
Chinese  to  the  United  States.  Senator  Blair  was  at  the 
time  on  his  way  to  China  but  was  recalled.  It  is  the 
practice  of  the  United  States  in  sending  an  ambassador, 
to  inquire  in  advance  whether  the  person  proposed  is 
acceptable  to  the  foreign  government. 

In  1885,  Mr.  Keiley  of  Virginia,  who  was  appointed 
by  President  Cleveland  as  Minister  to  Austria  and  sub- 
sequently as  Minister  to  Italy,  was  rejected  by  both 
governments,  the  Austrian  Government  objecting  to 
him  because  his  wife  was  a  Jewess,  and  the  Italian 
Government  having  taken  exception  to  utterances  of 
his  fourteen  years  previous  to  his  appointment  in  criti- 
cism of  certain  acts  of  the  King  of  Italy. 

During  Queen  Victoria's  reign,  it  was  a  rule  of  the 
British  court  that  a  divorced  person  would  not  be  re- 
ceived, and  the  ambassador  of  a  great  power  was  re- 
jected because  he  had  married  a  lady  divorced  from 
her  former  husband. 

Before  starting  for  his  post  it  is  expected  that  a 
diplomatic  officer  will  visit  the  Department  of  State, 
confer  with  the  Secretary  or  Assistant  Secretaries,  and 
receive  instructions.  He  should  examine  the  previous 
correspondence  between  the  Department  and  his  pred- 
ecessor  and    familiarize   himself    with    the   questions 

84 


OUR     DIPLOMATIC     SERVICE 

pending  between  the  United  States  and  the  government 
to  which  he  is  accredited  and  the  condition  of  the  busi- 
ness of  the  mission.  For  this  purpose  he  is  allowed  a 
period  of  thirty  days  with  pay,  called  an  "instruction 
period."  If  there  are  claims  pending  between  the  two 
governments,  he  should  discuss  them  with  the  Solicitor 
of  the  Department. 

The  standing  instructions  which  regulate  for  the  most 
part  the  conduct  of  diplomatic  officers,  are  contained 
in  a  printed  book  entitled  "Instructions  to  the  Diplo- 
matic Officers  of  the  United  States."  This  contains 
detailed  instructions  in  relation  to  correspondence  with 
the  Department  of  State  and  the  Treasury  Department, 
the  keeping  of  records  and  archives,  the  relations  of 
the  envoy  with  the  foreign  government  and  diplomatic 
representatives  of  other  foreign  governments,  and  other 
information  useful  in  the  work  of  the  mission.  Special 
instructions  are  given  the  envoy  when  the  circum- 
stances require. 

When  the  envoy  reaches  his  post  he  notifies  the  Min- 
ister of  Foreign  Affairs  of  his  arrival  and  requests  an 
audience  with  the  head  of  the  government  for  the  pur- 
pose of  delivering  his  letter  of  credence.  If  his  pred- 
ecessor is  still  there,  the  latter  calls  upon  the  Minister 
of  Foreign  Affairs  with  him;  if  not,  the  Secretary  of 
the  Embassy  or  Legation  goes  with  him  and  intro- 
duces him. 

On  the  occasion  of  presentation  of  letters  of  cre- 
dence, formal  speeches  of  welcome  and  good-will  are 
usually  made.      It   is   customary   for   the   diplomatic 

85 


OUR     FOREIGN     SERVICE 

representative  to  furnish  the  Minister  for  Foreign  Af- 
fairs a  copy  of  his  proposed  remarks  in  advance  in 
order  that  a  suitable  reply  thereto  may  be  prepared. 
The  ceremony  attending  the  reception  of  an  envoy  de- 
pends upon  the  local  custom.  Generally,  when  the  time 
for  his  reception  is  fixed,  he  is  waited  upon  by  a  master 
of  ceremonies  who  explains  the  formalities  to  be  ob- 
served, and  one  or  more  state  carriages  are  sent  to 
conduct  him  and  his  suite  to  the  palace.  If  an  ambassa- 
dor, the  carriages  are  drawn  by  six  horses,  accom- 
panied by  a  detachment  of  cavalry.  After  the  audience 
with  the  sovereign,  the  delivery  of  the  letter  of  cre- 
dence, the  address  of  the  envoy  and  that  of  the  sov- 
ereign in  reply,  the  envoy  and  his  suite  retire. 

In  the  United  States,  when  an  ambassador  is  to  be 
received,  the  President  sends  his  carriage  for  the  am- 
bassador, to  convey  him  to  the  White  House.  Envoys 
go  to  the  Department  of  State  at  the  appointed  hour, 
and  the  Secretary  of  State  accompanies  them  to  the 
White  House,  where  they  are  met  by  the  President. 
The  envoy  reads  his  address;  the  President  reads  his 
reply;  a  few  moments  are  spent  in  conversation,  and 
the  parties  retire. 

After  presenting  his  letters  of  credence,  if  accredited 
to  a  sovereign,  the  envoy  should  ask  for  presentation 
to  the  Queen  or  Empress  and  to  the  Prince  and  Prin- 
cess. 

Uniform 

In  contradistinction  to  the  practice  of  other  govem- 

86 


OUR     DIPLOMATIC     SERVICE 

ments,  the  United  States  by  law  prohibits  its  diplo- 
matic officers  from  wearing  any  uniform  or  official 
dress  not  previously  authorized  by  Congress.  The 
law,  however,  authorizes  officers  who  served  during 
the  rebellion  as  volunteers  in  the  Army  of  the  United 
States  to  wear  upon  occasions  of  ceremony  the  uniform 
of  their  rank  when  discharged.  The  printed  Instruc- 
tions of  the  Department  of  vState  interpret  the  law  as 
permitting  the  wearing  by  our  diplomatic  officers  of 
the  dress  prescribed  by  local  usage  as  appropriate  upon 
occasions  of  ceremony.  In  general,  our  diplomatic 
representatives,  upon  ceremonial  occasions  appear  in 
plain  evening  dress,  although  members  of  our  Embassy 
at  London,  in  order  to  comply  with  the  court  require- 
ments, on  certain  occasions,  have  dressed  in  knee 
breeches  with  gilt  buckles  on  their  shoes,  in  other  re- 
spects being  in  ordinary  evening  dress ;  and  at  the  coro- 
nation of  the  Czar  of  Russia,  as  no  one  was  admitted 
without  a  uniform  or  court  dress,  the  members  of  the 
American  Legation  complied  with  the  requirement. 

While  the  almost  universal  practice  of  our  represent- 
atives in  wearing,  in  keeping  with  the  spirit  of  our  in- 
stitutions, plain  evening  dress  at  functions  at  the  capi- 
tals to  which  they  are  accredited,  does  not  detract  in  the 
least  from  their  efficiency  as  diplomatic  officers,  it  has 
often  led  to  amusing  incidents.  Lord  Lvtton's  Letters 
furnish  this  anecdote:  "Loftus  (British  Ambassador 
at  Berlin),  thinking  that  the  historian  Bancroft  (then 
United  States  Minister  at  Berlin)  would  be  an  easy 
butt  for  the  shafts  of  his  peculiarly  refined  wit,  at- 

87 


OUR     FOREIGN     SERVICE 

tacked  him  before  a  hundred  listeners  on  some  pubhc 
occasion  with :  "In  God's  name,  Mr.  Bancroft,  why 
don't  you  Yankees  send  your  representatives  to  court 
hke  Christians,  in  a  proper  uniform,  instead  of  turning 
them  out  all  dressed  in  black,  like  so  many  under- 
takers?" Whereto  Mr,  Bancroft  replied  "Really,  Lord 
Augustus,  I  am  surprised  that  you,  as  Ambassador  to 
the  Queen  of  England,  and  with  the  keen  powers  of 
penetration  for  which  you  are  generally  distinguished, 
should  have  failed  to  perceive  that  we  could  not  be  more 
appropriately  dressed  than  we  are — at  European  courts, 
where  what  we  represent  is  the  burial  of  monarchy." 

An  amusing  incident  is  told  of  James  Russell  Lowell 
when  minister  at  Madrid.  On  the  occasion  of  a  royal 
fete  day  Mr.  Lowell  went  to  the  palace  in  plain  even- 
ing dress,  as  was  the  custom  with  American  ministers 
on  such  ceremonies.  He  was  preceded  by  the  minister 
of  one  of  the  small  American  Republics,  who  was  ap- 
pareled in  a  brilliantly  gold-embroidered  uniform, 
with  jeweled  sword.  The  royal  stairway  was  lined  at 
every  step  with  the  royal  guard  in  gold  uniform,  and 
at  each  of  several  landings  there  were  stationed  a  giant 
halberdier  holding  a  huge  mediaeval  battle-axe.  The 
Central  American  minister  was  saluted  at  each  landins: 
by  the  magnificent  halberdier  with  a  heavy  whack  of 
the  battle-axe  on  the  marble  pavement.  As  Mr.  Low- 
ell passed  the  landings  he  received  no  attention,  as  he 
wore  no  insignia  indicating  his  office.  As  Mr.  Lowell 
passed  from  one  landing  to  another  and  heard  the 
echoes  of  the  salutes  to  his  colleagues  preceding  him, 

88 


OUR     DIPLOMATIC     SERVICE 

his  patriotic  American  blood  began  to  boil,  and  at  the 
last  landing  he  addressed  the  halberdier  in  good  Span- 
ish: "Do  you  know  who  I  am?"  Of  course  the  soldier 
had  to  respond,  "I  do  not."  "Well,"  said  Mr.  Lowell, 
"I  am  the  minister  plenipotentiary  of  the  United  States 
of  America,  the  greatest  nation  on  the  earth,  and  if 
you  don't  whack  the  next  time  I  pass  you,  I  will  forget 
you  at  Christmas." 

Recall 

As  a  state  may  without  offense  decline  to  receive  any 
particular  person  as  the  diplomatic  representative  of 
another  state,  it  may  demand  the  recall  of  a  diplomatic 
agent  who  has  made  himself  obnoxious.  There  have 
been  numerous  instances  in  which  the  United  States 
has  demanded  the  recall  of  foreign  representatives  at 
this  capital,  notably  the  cases  of  Genet,  Yrugo,  Jack- 
son, Catacazy,  and,  more  recently,  those  of  Lord  Sack- 
ville-West,  the  British  Minister,  and  the  Spanish  Min- 
ister, Dupuy  de  Lome. 

In  the  course  of  the  presidential  campaign  of  1888, 
Lord  Sackville-West,  the  British  Minister  at  Washinsf- 
ton,  received  a  letter  purporting  to  come  from  a  Mr. 
Murchison,  a  naturalized  American  citizen  of  British 
birth,  resident  in  California.  The  letter  asked  informa- 
tion as  to  the  friendliness  of  the  existing  administra- 
tion towards  Great  Britain,  and  intimated  that  the  vote 
of  the  writer  depended  upon  the  reply,  which  would  be 
treated  as  entirely  secret.     Lord  Sackville  answered 

89 


OUR     FOREIGN     SERVICE 

that  it  was  impossible  to  predict  the  course  which  Mr. 
Cleveland  would  take  towards  Great  Britain  if  he  were 
re-elected,  but  that  it  was  his  belief  that  the  party  in 
power  desired  to  maintain  friendly  relations  with  Eng- 
land. The  Murchison  letter  turned  out  to  be  a  trick 
concocted  for  election  purposes.  It  was  published 
along  with  Lord  Sackville's  reply,  and  distributed  as 
a  campaign  document.  In  the  midst  of  the  excitement 
occasioned  by  it,  the  British  minister  was  reported  to 
have  said  in  an  interview  with  a  New  York  newspaper 
reporter,  "Of  course,  I  understand  both  the  action  of 
the  Senate  and  the  President's  letter  of  retaliation  are 
for  political  effect."  Lord  Sackville  repudiated  this 
reported  interview.  Upon  this  state  of  facts  his  recall 
was  demanded ;  and  when  his  Government  failed  to 
reply  before  it  had  time  to  investigate  the  matter,  he 
was  given  his  passport  and  dismissed. 

Just  before  the  beginning  of  the  late  war  between 
the  United  States  and  Spain,  a  personal  letter  addressed 
by  the  Spanish  minister  at  Washington,  Senor  de  Lome, 
to  a  personal  friend,  M.  Canalejas,  came  into  the  pos- 
session of  the  Department  of  State,  in  the  course  of 
which  President  McKinley  was  characterized  as  "weak, 
and  a  bidder  for  the  admiration  of  the  crowd,  besides 
being  a  would-be  politician  who  tries  to  leave  a  door 
open  behind  himself  while  keeping  on  good  terms  with 
the  jingoes  of  his  party."  As  Minister  de  Lome  ad- 
mitted the  authorship  of  the  letter  the  Secretary  of 
State  at  once  cabled  to  the  United  States  minister  at 
Madrid  to  infonn  the  Spanish  Government  tliat  the 

90 


OUR     DIPLOMATIC     SERVICE 

usefulness  of  its  minister  here  was  at  an  end  and  that 
the  President  expected  his  immediate  recall.  The 
Spanish  Government  at  once  cabled  to  de  Lome  asking 
him  to  resign.  It  was  in  this  case  that  Secretary  Day, 
brushing  conventionalities  aside,  made  a  personal 
visit  to  the  Spanish  legation  and  asked  de  Lome  if  the 
letter  was  authentic.  The  minister  admitted  having 
written  the  letter  and  frankly  stated  that  he  recognized 
the  impossibility  of  his  continuing  to  hold  official  re- 
lations with  this  government.  He  claimed,  however, 
that  the  language  used  by  him  was  permissible  under 
the  seal  of  private  correspondence. 

Two  recent  cases  in  which  our  own  diplomatic  rep- 
resentatives have  been  recalled  were  those  of  our  Min- 
ister to  Cuba  and  our  Ambassador  to  Vienna.  In  the 
former  case,  the  Cuban  Government  complained  that 
our  Minister  had  informed  a  newspaper  correspondent 
of  the  substance  of  a  note  which  had  just  been  sent  by 
him  to  that  Government.  While  the  Cuban  Govern- 
ment did  not  ask  that  the  Minister  be  recalled,  our 
government  thought  best  to  replace  him.  The  Minister 
was  subsequently  appointed  to  another  post  in  our  dip- 
lomatic service.  In  the  other  case,  our  Ambassador 
to  Austria  was  dismissed  because  of  the  activity  of  him- 
self and  his  wife  at  the  Vatican  in  endeavoring  to  in- 
fluence the  promotion  of  Archbishop  Ireland  to  the  of- 
fice of  Cardinal. 


91 


OUR     FOREIGN     SERVICE 


Duties 

The  chief  function  of  a  diplomatic  officer  is  to  culti- 
vate and  maintain  friendly  relations  between  his  own 
government  and  that  of  the  country  to  which  he  is  ac- 
credited and  to  adjust  differences  that  may  arise  be- 
tween them.  When  any  event  occurs  which  may  oc- 
casion irritation  between  the  two  countries,  it  is  his 
duty  to  seek  by  every  proper  means  to  prevent  any 
misunderstanding.  A  clear  explanation  of  an  incident 
occurring  in  his  own  country  or  the  interpretation  of  a 
public  act  of  his  government  may  avert  serious  con- 
sequences. 

At  the  present  day,  public  opinion  influences  the 
conduct  of  governments.  Indeed,  it  has  dictated  and 
even  reversed  foreign  policy,  after  it  has  been  deter- 
mined upon.  Hence,  if  our  representative  can  inform 
the  minister  of  the  foreign  country  what  the  public 
opinion  of  his  own  country  is  upon  a  given  question, 
what  are  the  influences  which  control  or  interfere  with 
his  government,  and  what  can  and  what  can  not  be 
done  by  it ;  he  may  be  able  to  influence  the  conduct  of 
the  foreign  government  in  a  matter  of  the  gravest  con- 
cern to  both  countries. 

A  diplomatic  officer  is  expected  to  transmit  to  his 
government  early  and  accurate  information  concerning 
political  events  and  the  policy  and  views  of  the  gov- 
ernment to  which  he  is  accredited  as  well  as  public 

92 


OUR     DIPLOMATIC     SERVICE 

opinion  there,  especially  when  likely  to  have  a  bearing 
on  the  affairs  of  his  own  country. 

In  the  present  day  of  telegraphic  cables  and  news- 
paper enterprise,  it  is  more  essential  that  a  diplomatic 
officer  should  keep  his  government  informed  of  the 
views  and  intentions  of  the  government  to  which  he  is 
accredited  than  to  report  what  has  transpired. 

A  very  important  duty  at  times  imposed  on  diplo- 
matic officers  is  that  of  negotiating  treaties.  When  a 
diplomatic  officer  is  entrusted  with  the  negotiation  of 
a  treaty,  a  "full  power"  is  given  him  by  the  Depart- 
ment. He  receives  also,  generally,  full  instructions  to 
guide  him  in  the  negotiations.  In  case  of  urgent  need 
a  compact  may  be  made  in  the  absence  of  specific  in- 
structions, but  in  such  case  the  agreement  should  be 
put  in  the  form  of  a  protocol  and  it  should  be  expressly 
stated  that  it  is  signed  subject  to  the  approval  of  the 
envoy's  government. 

In  this  commercial  age,  with  the  strong  competition 
for  supremacy  in  the  export  trade,  and  the  various 
efforts  being  made  by  foreign  governments  to  secure 
advantages  over  the  American  manufacturer  and  ex- 
porter, our  diplomatic  officers  are  required  to  keep  a 
keen  eye  on  all  measures  relating  to  commerce  which 
may  affect  our  interests,  and  to  give  our  government 
prompt  information  thereof. 


93 


OUR     FOREIGN     SERVICE 


Protection 

One  of  the  gravest  duties  of  a  diplomatic  officer  is 
that  of  extending  protection  to  the  persons  and  prop- 
erty of  his  fellow  countrymen  who  call  upon  him  for 
assistance.  Diplomatic  officers  should  be  accessible 
and  prompt  to  interest  themselves  in  the  welfare  of  the 
humblest  of  their  fellow  countrymen. 

In  countries  where  large  standing  armies  are  main- 
tained, a  considerable  part  of  the  time  of  our  diplo- 
matic representatives  is  taken  up  in  looking  after  the 
complaints  of  naturalized  citizens  on  account  of  sup- 
posed interference  with  their  rights.  Very  frequently 
natives  of  Germany  and  other  European  countries  come 
to  the  United  States  just  before  they  reach  the  age  for 
military  service,  secure  naturalization  and  then  return 
to  the  land  of  their  nativity  to  pass  the  balance  of  their 
lives,  endeavoring  to  escape  the  obligations  of  military 
service  there  while  evading  the  duties  and  responsibili- 
ties of  citizenship  in  their  adopted  country.  Where  it 
clearly  appears  that  naturalization  is  obtained  merely 
for  this  purpose,  this  government  refuses  to  extend  its 
protection  to  them  and  they  are  subjected  to  the  penalty 
prescribed  by  the  laws  of  their  native  country. 

Citizens  of  the  United  States  charged  with  crime 
in  foreign  countries  frequently  appeal  to  our  diplomatic 
representative,  and  it  is  his  duty  to  observe  the  proceed- 
ings against  them  and  see  that  they  are  not  denied 
justice. 

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OUR     DIPLOMATIC     SERVICE 

Complaints  of  all  kinds  are  brought  to  diplomatic 
officers  by  American  citizens,  especially  in  countries 
where  the  laws  are  not  regularly  and  impartially  ad- 
ministered. The  diplomatic  officer  should  try  to  ar- 
range such  difficulties  without  making  written  com- 
plaints at  the  Foreign  Office  except  when  there  are 
flagrant  acts  of  injustice  or  where  a  principle  is  in- 
volved that  a  minister  is  unable  to  settle  officially  him- 
self. It  is  best,  too,  not  to  report  the  matter  to  the  De- 
partment until  his  unofficial  application  has  been  acted 
on. 

Passports 

Formerly  a  duty  of  frequent  recurrence  and  one  re- 
quiring the  exercise  of  great  care  and  good  judgment 
by  diplomatic  officers,  was  the  granting  of  passports. 
By  Executive  Regulation  promulgated  in  April,  1907, 
it  is  provided  that  diplomatic  officers  can  issue  pass- 
ports only  in  cases  where  the  applicant  has  not  suffi- 
cient time  to  apply  to  the  Department  of  State  and 
await  its  reply. 

Where  inconvenience  or  hardship  would  result  to 
a  person  entitled  to  receive  a  passport  unless  the  pass- 
port is  granted  at  once,  however,  a  diplomatic  officer 
may  issue  an  emergency  passport,  good  for  six  months, 
to  be  used  for  a  purpose  stated  in  the  passport.  And 
applications  for  passports  by  persons  who  are  abroad 
may  be  made  to  the  Department  of  State  through  a 
diplomatic  officer.  Diplomatic  officers  are  authorized 
to  extend  for  a  period  of  two  years  passports  issued  by 

95 


OUR     FOREIGN     SERVICE 

the  Department  of  State,  which  are  about  to  expire, 
presented  to  them  for  extension. 

Before  granting  an  appHcation  for  a  passport  or  for 
protection,  the  diplomatic  officer  is  required  to  satisfy 
himself  that  the  applicant  is  a  citizen  of  the  United 
States  or  one  entitled  to  claim  American  protection, 
and  this  is  often  a  matter  of  great  difficulty.  All  con- 
suls are  required  to  keep  at  their  offices  registers  of  cit- 
izens residing  in  their  districts  and  to  make  returns 
to  the  appropriate  diplomatic  officer  of  all  registrations 
made.  But  American  citizens  are  slow  to  avail  them- 
selves of  the  privilege  of  registration,  and  there  is  no 
way  to  compel  them  to  do  so.  It  is  frequently  neces- 
sary for  the  diplomatic  officer  to  make  some  independ- 
ent investigation  in  case  of  applications  made  to  him 
for  passports.  (For  a  synopsis  of  our  laws  relating  to 
citizenship,  see  p.  i8i.  See  also  Van  Dyne,  "Citizen- 
ship of  the  United  States,"  and  "Van  Dyne  on  Natural- 
ization.") 

Extradition 

Diplomatic  officers  have  important  duties  in  relation 
to  the  extradition  of  criminals,  fugitives  from  justice. 
The  demand,  or  requisition,  for  extradition  is  usually 
presented  by  the  diplomatic  representative,  who  re- 
ceives instructions  to  that  end  from  the  Department  of 
State. 

The  agent  appointed  by  the  President  to  receive  and 
bring  back  the  fugitive  to  the  United  States,  usually 
reports  to  the  diplomatic  representative  upon  arriving 

96 


OUR     DIPLOiMATIC     SERVICE 

in  the  foreign  country,  and  looks  to  him  for  instructions 
as  to  how  to  proceed  to  secure  the  surrender  of  the 
fugitive.  Ordinarily  there  is  a  judicial  or  adminis- 
trative proceeding,  and  the  evidence  brought  by  the 
agent  in  support  of  the  application  must  be  presented 
to  the  appropriate  magistrate  or  officer. 

Diplomatic  officers  are  frequently  called  upon  to  au- 
thenticate evidence  to  be  used  by  the  foreign  govern- 
ment in  support  of  requisitions  for  the  extradition  of 
criminals  from  the  United  States.  Our  law  (Act  of 
August,  1882)  provides  that  such  evidence  shall  be  re- 
ceived and  admitted  on  the  hearing  in  the  United 
States,  "if  properly  and  legally  authenticated  so  as  to 
entitle  it  to  be  received  for  similar  purposes  by  the  tri- 
bunals of  the  foreign  country;"  and  that  the  certificate 
of  the  principal  diplomatic  or  consular  officer  of  the 
United  States  resident  in  such  country  shall  be  proof 
that  any  deposition,  warrant  or  other  paper,  or  copies 
thereof,  so  offered,  are  authenticated  in  the  manner  re- 
quired by  law. 

A  form  of  certificate  which  has  been  tested  and  found 
to  be  legally  sufficient,  is  printed  on  p.  283  of  the  Ap- 
pendix. 

Claims 

The  interposition  of  diplomatic  officers  is  frequently 
sought  by  American  citizens  to  aid  in  the  collection  of 
claims  against  foreign  governments.  As  the  claimant 
is  required,  ordinarily,  to  prepare  and  present  his  claim 
to  the  Department,  conforming  to  certain  prescribed 
For.  Serv. — 7  07 


OUR     FOREIGN     SERVICE 

requirements,  the  diplomatic  officer  should  refer  him 
to  the  Department,  furnishing  him  a  copy  of  the  "claims 
circular,"  which  is  usually  supplied  to  our  embassies 


and  legations. 


Marriages 


Diplomatic  officers  are  not  authorized  by  the  laws  of 
the  United  States  to  celebrate  marriages  or  to  act  as 
official  witnesses  of  the  ceremony.  It  is  not  unusual, 
however,  for  Americans  to  ask  permission  to  have  a 
marriage  ceremony  performed  in  the  legation  and  in 
the  presence  of  the  diplomatic  representative.  And 
there  is  no  reason  why  such  a  request  should  not  be 
complied  with,  where  the  diplomatic  representative 
finds  upon  inquiry  that  the  parties  may  legally  marry 
according  to  the  laws  of  the  country  in  which  the  lega- 
tion is  situated,  and  that  the  proper  steps  have  been 
taken  to  enable  the  ceremony  to  be  legally  performed. 

At  the  earliest  opportunity,  after  arrival  at  liis  post 
the  diplomatic  officer  should,  by  a  thorough  examina- 
tion of  the  records  and  files  of  the  legation  and  by  con- 
ferring with  the  subordinates  in  the  office,  post  himself 
as  to  the  state  of  business  of  the  legation  and  of  mat- 
ters pending  between  the  two  governments. 

Communications  from  the  Department  of  State  to 
diplomatic  officers  are  termed  "Instructions"  and  com- 
munications from  such  officers  to  the  Department  are 
termed  "Dispatches."  Communications  between  the 
Secretary  of  State  and  foreign  diplomatic  representa- 

98 


OUR     DIPLOMATIC     SERVICE 

lives  in  the  United  States,  and  between  our  representa- 
tives abroad  and  Ministers  for  Foreign  Affairs  are 
called  ''Notes."     See  pp.  6  and  7  supra,  for  examples. 

All  communications  received  at  the  legation  are  reg- 
istered, indexed  and  filed.  The  originals  of  all  instruc- 
tions and  other  communications  received  are  kept,  and 
copies  are  made  in  books  specially  furnished  for  that 
purpose  of  all  dispatches  and  other  papers  sent  by  the 
legation ;  and  a  careful  record  is  kept  of  all  official  acts. 
The  legations  have  regular  office  hours.  There  are  nu- 
merous routine  duties,  which  occupy  considerable  of 
the  time  of  the  minister.  It  is  frequently  necessary  to 
write  out  memoranda  of  important  conversations  on 
public  matters  had  with  the  Minister  for  Foreign  Af- 
fairs or  other  persons. 

In  matters  of  minor  importance  pending  between  the 
two  governments,  the  envoy  calls  personally  upon  the 
Minister  for  Foreign  Affairs  and  confers  with  him,  if 
necessary,  making  a  memorandum  of  the  conversa- 
tion when  he  returns  to  the  legation.  Very  frequentl}'-, 
needless  delay  and  circumlocution  can  be  avoided  by  a 
personal  call  upon  the  Minister  for  Foreign  Affairs. 

An  acquaintance  with  the  subordinate  officers  at  the 
Foreign  Office  is  often  quite  useful  in  facilitating  tlie 
transaction  of  business.  The  late  Lord  Pauncefote, 
one  of  the  most  useful  diplomatic  representatives  the 
British  Government  ever  had  at  Washington,  was  ac- 
customed to  visit  personally  the  subordinate  officers  or 
Bureau  Chiefs  at  the  Department  of  State  and  confer 
with  them  concerning  matters  pending  before  them  in 

99 


OUR     FOREIGN     SERVICE 

which  his  Government  was  interested.  In  this  way  he 
was  able  to  secure  the  earhest  attention  to  the  affairs 
pertaining  to  his  Legation. 

For  the  convenience  of  diplomatic  officers,  the  Sec- 
retary of  State  or  Minister  for  Foreign  Affairs  usually 
has  a  day  when  those  who  have  business  to  transact 
with  him  can  have  an  opportunity  to  do  so;  and  the 
diplomats  are  received  in  the  order  of  their  rank,  or  if 
of  the  same  rank,  the  one  who  comes  first  has  preced- 
ence. But  ministers  can  call  at  the  Department  of 
State  or  at  the  Foreign  Office  at  any  time  if  their  busi- 
ness is  urgent.  At  the  Department  of  State  there  is 
a  "Diplomatic  Day,"  and  the  Secretary  denies  himself 
to  ordinary  callers  if  any  member  of  the  Diplomatic 
Corps  desires  to  see  him. 

Dispatches  and  Reports 

It  is  the  duty  of  a  diplomatic  officer  to  furnish  ac- 
curate information  concerning  all  matters  relating  to 
his  mission  of  which  his  government  should  have 
knowledge.  Among  other  things,  he  is  expected  to 
transmit  timely  reports  and  information  relating  to  the 
government,  finances,  commerce,  arts,  science,  agricul- 
ture, mining,  tariff,  taxation,  population,  laws  and  judi- 
cial statistics  of  the  country  where  he  resides. 

Care  should  be  taken  not  to  devote  undue  space  to 
accounts  of  social  affairs  in  which  the  minister  is  the 
most  prominent  figure,  lest  he  expose  himself  to  ridi- 
cule; and  he  should  not  make  the  mistake  of  writing 

lOO 


OUR     DIPLOT^iATIC     SERVICE 

voluminous  dispatches,  as  they  are  likely  to  be  allowed 
to  lie  unread  in  the  files  of  the  Department  of  State. 

Ex-Secretary  Foster,  in  "Practice  and  Diplomacy," 
in  enumerating  the  duties  of  diplomatic  officers  says 
that  an  envoy  can  hardly  be  too  diligent  in  keeping  his 
own  government  informed  of  all  business  entrusted 
to  him  by  it  or  that  occurs  in  the  country  of  his  resi- 
dence affecting  that  government,  its  policy  or  spirit, 
and  the  commercial,  industrial  and  scientific  develop- 
ment of  the  country.  "But,"  he  adds,  "One  occasion- 
ally oversteps  the  proper  limits  of  desired  information. 
A  minister  going  to  his  post  in  South  America,  hav- 
ing never  been  out  of  his  own  country,  sent  back 
to  the  Department  of  State  a  detailed  account  of  his 
journey,  in  which  he  described  in  such  florid  language 
the  beauties  of  the  scenery  and  the  experiences  of  for- 
eign travel,  to  him  so  novel,  that  when  the  dispatch 
appeared  in  the  annual  publication  of  the  Department 
it  exposed  him  to  the  ridicule  and  criticism  of  the  press. 
One  of  the  ministers  to  a  European  court  was  so  fas- 
cinated by  the  attentions  of  royalty  that  he  furnished 
the  Secretary  of  State  with  a  description  of  a  state 
ball,  of  which  the  most  conspicuous  and  important 
event  was  the  honor  conferred  upon  him  and  his  coun- 
try by  his  dancing  with  Her  Majesty  the  Queen.  Its 
publication  furnished  the  topic  of  a  spirited  discussion 
in  the  lower  house  of  Congress,  in  which  the  useful- 
ness of  the  diplomatic  service  was  treated  with  irony 
and  contempt." 

The    minister    should    not    send    dispatches    giving 

lOI 


OUR     FOREIGN     SERVICE 

lengthy  accounts  of  events  that  can  as  well  be  learned 
from  the  daily  newspapers.  He  should  rather  endeav- 
or to  communicate  information  that  his  government 
cannot  obtain  from  the  press,  and  to  indicate  the  views 
and  intentions  of  the  foreign  government  and  the 
causes  and  motives  of  its  acts. 

A  diplomatic  officer's  dispatches  should  not  be  mere 
reports.  He  should  make  practical  suggestions  to  as- 
sist his  government  in  making  a  disposition  of  the  mat- 
ter. 

In  writing  his  dispatches,  the  minister  should  cul- 
tivate a  terse  and  vigorous  style.  His  sentences  should 
be  short  and  his  ideas  clearly  expressed.  Care  should 
be  taken  to  make  no  mis-statements  of  facts,  and  when 
opinions  are  expressed,  the  reasons  upon  which  they 
are  based  should  also  be  given.  Doubtful  news  should 
be  distinguished  from  facts. 

The  minister  should  be  impartial  and  point  out 
things  which  are  adverse  to  the  views  of  his  own  gov- 
ernment as  well  as  those  which  are  favorable.  He 
should  not  hesitate  to  report  unwelcome  intelligence 
to  his  government.  No  fact  or  circumstance  of  im- 
portance should  be  omitted.  While  it  is  always  un- 
pleasant to  communicate  unwelcome  news  it  is  much 
better  than  to  keep  his  government  ignorant  of  facts 
which  it  should  know. 

In  writing  to  his  government  concerning  his  own 
standing  at  the  foreign  court  he  should  state  the  facts 
fully  and  promptly  and  indicate  the  exact  sentiment 
there  towards  his  own  country. 

1 02 


OUR     DIPLOMATIC     SERVICE 

If  a  diplomatic  officer  commits  an  error  in  the  con- 
duct of  his  mission,  he  should  at  once  frankly  report 
the  fact  to  his  superior  in  Washington. 

Diplomatic  officers  should  under  no  circumstances 
participate  in  the  political  affairs  of  the  country  in 
which  they  reside.  They  are  expressly  prohibited 
from  publicly  expressing  their  opinions  upon  local 
questions.  They  are  forbidden  to  make  public  ad- 
dresses "unless  upon  exceptional  festal  occasions,"  and 
even  on  such  occasions  they  are  required  to  avoid  any 
reference  to  pending  political  issues. 

Unnecessary  reflections  upon  the  character  or  con- 
duct of  individuals  or  governments  should  be  carefully 
avoided. 

In  his  intercourse  with  the  officials  of  the  foreign 
government,  the  diplomatic  officer  should  take  advan- 
tage of  every  favorable  opportunity  which  presents  it- 
self, to  bring  about  the  adjustment  of  any  outstanding 
difference  that  threatens  the  peaceful  relations  of  the 
two  countries.  He  should  make  a  careful  study  of  all 
the  existing  relations  between  the  two  countries,  and 
if  there  are  any  claims  or  other  subjects  of  dispute, 
he  should  familiarize  himself  with  them  and  be  pre- 
pared to  discuss  them  at  any  time.  He  should  have 
memoranda  on  these  subjects  to  which  he  can  refer  at 
any  moment,  should  occasion  require.  It  is  impossible 
to  tell  when  such  matters  may  assume  great  import- 

103 


OUR     FOREIGN     SERVICE 

ance,  and  a  diplomatic  officer  should  be  ready  for  emer- 
gencies. 

The  first  qualification  for  success  in  diplomacy,  as 
in  other  fields  of  endeavor,  is  to  have  a  clear  idea  of 
the  end  to  be  attained.  Having  a  just  cause,  and  seek- 
ing the  honor  and  best  interests  of  his  country,  success 
can  be  best  attained  by  the  adoption  by  the  diplomatic 
officer  of  the  simple,  truthful  and  direct  methods  of 
negotiation  which  have  in  the  main  distinguished 
American  diplomacy.  There  is  always  something  at- 
tractive in  a  frank,  plain  statement.  Those  things 
which  are  right  are  nearly  always  for  the  benefit  of 
all  parties  concerned.  The  minister  should  appeal  to 
the  reason  of  his  adversaries  and  point  out  the  ad- 
vantage to  them  of  the  measures  advocated. 

The  principles  which  governed  the  late  Secretary 
Hay  in  his  conduct  of  our  foreign  relations  were  most 
felicitously  expressed  by  him  in  an  address  delivered 
at  Harvard  University  in  1902.  He  said :  "Many  have 
been  in  the  habit  of  considering  diplomacy  an  occult 
science  as  mysterious  as  alchemy  and  as  dangerous  to 
the  morals  as  local  politics.  There  is  little  of  the  oc- 
cult or  esoteric  about  the  conduct  of  our  diplomacy  in 
modern  times.  The  principles  which  have  governed 
me  are  of  limpid  simplicity.  We  have  sought  in  all 
things  the  interest  and  honor  of  our  own  country.  We 
have  never  found  that  incompatible  with  a  due  regard 
for  the  interest  and  honor  of  other  powers.  We  have 
treated  our  neighbors  with  frankness  and  courtesy. 
We  have  received  frankness  and  courtesy  in  return. 

104 


OUR     DIPLOMATIC     SERVICE 

We  have  set  no  traps;  we  have  wasted  no  energy  in 
evading  the  imaginary  traps  of  others.  There  might 
be  worse  reputations  for  a  country  to  acquire  than 
that  of  always  speaking  the  truth,  always  expecting  it 
from  others.  In  bargaining  we  have  tried  not  to  get 
the  worst  of  the  deal.  However,  the  best  bargains  are 
those  that  satisfy  both  sides." 

Social  Duties 

Social  duties  take  up  a  large  share  of  the  time  of  a 
diplomatic  officer.  Too  much  stress  cannot  be  placed 
upon  the  necessity  of  cultivating  social  intercourse. 
The  social  standing  of  a  minister  gives  him  an  in- 
fluence difficult  to  obtain  otherwise. 

To  be  most  useful  to  his  government,  he  should  have 
a  personal  acquaintance  with  the  persons  of  influence 
in  the  country  where  he  resides.  He  should  not  only 
be  on  term.s  of  friendly  intimacy  with  the  ministers  of 
the  government  but  should  be  acquainted  with  the 
other  leading  public  men  in  and  out  of  office,  in  order 
that  he  may  learn  their  views  and  have  opportunities 
to  explain  to  them  the  views  and  policy  of  his  own 
country. 

It  is  well  recognized  that  our  ablest  representatives 
have  been  most  punctilious  in  observing  their  social 
duties.  No  diplomatic  officer  has  ever  served  our 
country  more  satisfactorily  than  John  Quincy  Adams, 
and  in  spite  of  certain  disagreeable  peculiarities,  it  ap- 
pears from  his  "Diary"  that  he  went  into  society  night 

105 


OUR     FOREIGN     SERVICE 

after  night,  played  cards,  danced,  talked  and  mixed 
with  the  people  about  him,  and  made  himself  popular. 

As  in  politics  at  home,  so  in  diplomacy,  a  good 
"mixer,"  if  an  observant  man,  may,  without  asking, 
learn  nearly  everything  that  he  should  know. 

In  countries  where  there  is  freedom  of  the  press, 
editors  and  reporters  of  leading  newspapers  make  use- 
ful acquaintances. 

A  diplomatic  officer  should  thoroughly  acquaint 
himself  with  the  traditional  usages  and  custom,  the 
etiquette  of  the  court  where  he  resides. 

After  the  newly  appointed  diplomatic  officer  has  pre- 
sented his  letter  of  credence,  he  should  call  upon  the 
different  ministers  and  other  high  officials  of  the  gov- 
ernment to  which  he  is  accredited.  He  should  also 
call  on  the  various  members  of  the  diplomatic  corps  at 
the  place  of  his  residence,  as  it  is  essential  that  he 
should  cultivate  the  most  friendly  personal  and  social 
relations  with  all  these  functionaries.  Andrew  D. 
White  bears  testimony  to  the  assistance  he  obtained 
more  than  once  under  trying  circumstances  from  the 
advice  of  a  trustworthy  colleague  in  the  diplomatic 
corps  who  had  had  a  more  lengthy  acquaintance  at 
court  than  he,  and  who  knew  the  right  man  to  ap- 
proach and  the  right  way  to  approach  him  on  every  con- 
ceivable subject. 

It  has  been  suggested  that  some  means  should  be  de- 
vised by  the  Department  of  State  to  promptly  and  reg- 
ularly inform  our  diplomatic  representatives  in  foreign 

1 06 


OUR     DIPLOMATIC     SERVICE 

countries  of  the  decisions  and  rulings  of  the  Depart- 
ment and  other  matters  of  news  and  interest  which 
may  be  of  vahie  to  them  in  their  work — perhaps  some- 
thing in  the  nature  of  a  daily  or  weekly  confidential 
bulletin  containing  extracts  from  late  instructions,  dis- 
patches, treaties  and  other  state  papers. 

An  instruction  to  one  of  our  envoys  may  decide  a 
question  which  is  sorely  puzzling  another,  and  the  lat- 
ter may  never  learn  of  the  decision  unless  he  reads  it 
in  the  annual  volume  of  the  Foreign  Relations  pub- 
lished a  year  later.  A  dispatch  from  one  of  our  diplo- 
matic representatives  showing  how  he  has  successfully 
dealt  with  a  particular  matter  may  suggest  to  another 
envoy  in  a  different  part  of  the  world  the  best  solu- 
tion of  a  difficulty  he  has  for  some  time  been  vainly 
endeavoring  to  overcome. 

The  "Daily  Consular  and  Trade  Reports"  in  a  great 
measure  performs  this  office  for  the  Consular  Service. 
A  medium  for  the  dissemination  of  information  among 
our  diplomatic  representatives  would  add  to  the  effi- 
ciency of  the  service.  The  British  Government  has 
such  a  medium. 

A  cipher  code  is  provided  diplomatic  officers  for  use 
where  secrecy  is  necessary  in  communicating  with  the 
Department. 

While  not  a  part  of  his  official  duty,  a  diplomatic 
officer  is  expected  to  show  some  attention  to  his  fellow- 
countrymen  who  visit  the  country  in  which  he  resides. 

107 


OUR     FOREIGN     SERVICE 

They  may  wish  to  be  presented  at  court  or  to  obtain 
admission  to  places  of  interest.  These  calls  upon  a 
minister's  time  and  energies  are  frequently  so  numer- 
ous that  he  is  unable  to  comply  with  them. 

At  one  time  it  is  an  American  who  desires  to  be  mar- 
ried abroad,  and  when  he  finds  that  he  cannot  do  so  as 
readily  as  in  the  United  States,  he  calls  upon  the  dip- 
lomatic representative  of  his  country,  whom  he  expects 
to  smooth  away  all  the  obstacles  of  foreign  regulations 
and  prohibitions. 

At  another  time,  it  is  a  fellow-countryman  who,  per- 
haps while  under  the  influence  of  liquor,  has  loudly 
denounced  in  a  public  place  the  ruler  of  the  country, 
and  has  in  consequence  been  arrested,  and  now  desires 
the  American  representative  to  secure  his  freedom. 

Then  there  are  Americans  who  imagine  they  have  in- 
herited fabulous  fortunes  in  the  foreign  country  and 
want  the  minister  to  collect  for  them ;  also  the  class  of 
fellow-citizens  interested  in  genealogies,  who  believe 
they  are  descended  from  foreign  nobility  and  wish  our 
envoy  to  trace  their  lineage. 

Ex-Ambassador  Andrew  D.  White,  in  his  "Auto- 
biography" relates  this  amusing  incident: 

"One  morning  the  mail  brought  me  a  large  packet 
filled  with  little  squares  of  cheap  cotton  cloth.  I  was 
greatly  puzzled  to  know  their  purpose,  until,  a  few  days 
later,  there  came  a  letter  which,  with  changes  of  proper 
names,  ran  as  follows : 

"Podunk, 1880. 

Sir :  We  are  going  to  have  a  fancy  fair  for  the  bene- 

108 


OUR     DIPLOMATIC     SERVICE 

fit  of  the church  in  this  town,  and  we  are  get- 
ting ready  some  autograph  bed  quilts.  I  have  sent 
you  a  package  of  small  squares  of  cotton  cloth,  which 
please  take  to  the  Emperor  William  and  his  wife,  also 
to  Prince  Bismarck  and  the  other  princes  and  leading 
persons  of  Germany,  asking  them  to  write  their  names 
on  them  and  send  them  to  me  as  soon  as  possible. 

Yours  Truly, 


P.  S.  Tell  them  to  be  sure  to  write  their  names  in 
the  middle  of  the  pieces,  for  fear  that  their  autographs 
may  get  sewed  in." 

Judicial  Duties 

In  China,  Korea,  Morocco,  Turkey,  Persia,  and 
Siam,  our  Ministers  and  Consuls,  by  virtue  of  treaty 
stipulations,  and  the  laws  of  the  United  States,  have 
jurisdiction  over  controversies  arising  between  Ameri- 
can citizens  and  in  cases  of  crime  committed  by  such 
citizens  in  those  countries.  These  cases  usually  orig- 
inate in  our  consular  courts.  But  the  Minister  has  origi- 
nal jurisdiction  in  capital  cases  for  murder  or  insurrec- 
tion or  offenses  against  the  public  peace  amounting  to  a 
felony;  and  appeals  are  allowed  from  the  Consular 
Court  to  the  Minister  when  the  consul  sits  with  associ- 
ates and  any  of  them  differ  from  him,  or  when  the 
consul  sits  alone  in  a  criminal  case  and  the  fine  exceeds 
$ioo  or  the  term  of  imprisonment  sixty  days. 

Until  a  few  years  ago  our  Minister  to  Persia  was 

109 


OUR     FOREIGN     SERVICE 

also  Consul  General.  One  of  the  curious  things  which 
came  under  the  writer's  observation  in  the  Department 
of  State  was  the  record  of  a  case  in  which  the  incum- 
bent of  that  office  many  years  ago  actually  entertained 
an  appeal  from  his  judgment  as  Consul  General  to  him- 
self as  Minister.  It  is  needless  to  add  that  the  decision 
of  the  lower  court  was  affirmed. 

In  1906  Congress  passed  a  law  creating  a  United 
States  Court  for  China  and  providing  for  appeals 
thereto  from  final  judgments  of  the  Consular  Courts  in 
China  and  Korea.  This  law  gives  the  newly  created 
court  exclusive  jurisdiction  in  all  cases  whereof  juris- 
diction might  be  exercised  by  United  States  Consuls 
and  Ministers,  except  the  jurisdiction  they  possess  in 
civil  cases  where  the  value  of  the  property  involved 
does  not  exceed  $500,  and  in  criminal  cases  where  the 
punishment  for  the  offence  charged  cannot  exceed  $100 
fine  or  sixty  days  imprisonment  or  both.  Appeals  from 
final  judgments  of  the  United  States  Court  for  China 
are  allowed  to  the  United  States  Circuit  Court  of  Ap- 
peals of  the  Ninth  Judicial  Circuit,  and  thence  to  the 
Supreme  Court  of  the  United  States. 

Protection  to  Interests  of  Foreign  Government 

A  diplomatic  officer  is  sometimes  charged  with  the 
duty  of  acting  as  the  representative  of  another  govern- 
ment at  the  court  to  which  he  is  accredited,  and  of  ex- 
tending protection  to  the  citizens  of  such  government  in 
the  country,  when  their  government  has  no  representa- 

IIO 


OUR     DIPLOMA1MC     SERVICE 

tive  there.  He  can  only  act  in  this  capacity,  however, 
with  the  approval  of  his  own  government  and  the  con- 
sent of  the  government  to  which  he  is  accredited,  and 
is  not  allowed  to  receive  any  compensation  for  the  serv- 
ice. Conspicuous  examples  of  this  character  were 
those  of  Minister  Washburne,  American  representative 
at  Paris,  who  acted  for  the  German  Government  and 
its  subjects  in  Paris  during  the  Franco-Gennan  War; 
and  the  French  Ambassador  to  the  United  States,  M. 
Cambon,  who  acted  as  the  representative  of  the  Span- 
ish Government  during  our  war  with  Spain,  and  in  that 
capacity  signed  with  Secretary  Day  the  protocol  ar- 
ranging for  the  termination  of  hostilities  and  the  peace 
negotiations.  And  in  1902,  Mr.  Bowen,  our  minister 
to  Venezuela,  acted  as  the  representative  of  the  Brit- 
ish, German  and  Italian  Governments  during  the  con- 
troversy between  Venezuela  and  those  governments 
growing  out  of  the  nonpayment  of  pecuniary  claims  by 
Venezuela. 

While  some  incompetent  and  unfit  persons  have 
been  appointed  in  our  diplomatic  service,  the  service  as 
a  whole  has  reflected  great  credit  upon  our  country. 
Our  first  and  greatest  diplomat  was  Benjamin  Frank- 
lin. The  late  Cushman  K.  Davis,  Chairman  of  the 
Foreign  Relations  Committee  of  the  United  States 
Senate,  said  of  him  : 

"Franklin  was  a  born  diplomatist.  His  genius  for 
negotiation  was  but  one  face  of  his  many-sided  char- 
acter.    It  is   impossible  to  read  the  accounts  of  his 

I II 


OUR     FOREIGN     SERVICE 

transactions  in  Europe  without  realizing  his  patience, 
his  method,  his  foresight,  his  knowledge  of  all  kinds 
of  human  nature,  his  finesse,  his  righteous  dissimula- 
tion, his  impregnability  to  be  over-reached  by  anybody, 
his  capacity  to  get  the  better  of  everybody  who  at- 
tempted to  outwit  him,  his  firmness,  his  integrity,  his 
proud  humility. 

"He  formed  a  model  upon  which  American  diplo- 
macy has  ever  since  generally  been  shaped,  plain  deal- 
ing, plain  speaking,  simple  dignity,  adequate  ceremoni- 
al, and  unswerving  fidelity  to  the  interests  of  his  coun- 
try alone." 

The  name  of  John  Adams  is  subscribed  to  seven  of 
the  first  fourteen  treaties  to  which  the  United  States 
was  a  party. 

Among  others  who  have  creditably  represented  the 
United  States  in  foreign  countries  besides  those  who 
afterwards  served  as  Secretaries  of  State  (p.  40  supra) 
were  Henry  Wheaton,  James  Russell  Lowell,  Charles 
Francis  Adams,  George  Bancroft,  and  Joseph  H, 
Choate. 

Because  of  the  American  method  of  dealing  directly 
and  openly  and  also  because  our  diplomatic  officers 
have  as  a  rule  been  without  training,  our  diplomacy  has 
by  some  been  rather  contemptuously  termed  "shirt 
sleeve"  diplomacy.  But  in  spite  of  the  defects  in  our 
system  of  appointments  and  promotions,  and  the  lack 
of  a  permanent  tenure  of  office,  our  diplomatic  repre- 
sentatives have  seldom  failed  to  acquit  themselves  with 
credit  in  an  emergency  or  to  uphold  the  national  honor, 

112 


OUR     DIPLOMATIC     SERVICE 

and  American  diplomacy  has  contributed  in  no  small 
degree  to  making  the  United  States  a  world  power  to 
be  reckoned  with  in  any  great  international  affair  in  the 
future. 


For.  Serv.— 8  1 13 


Our  Consular  Service 


"5 


CHAPTER  III. 
Our  Consular  Service 

Consuls  are  business  or  commercial  agents  of  the 
government  as  distinguished  from  diplomatic  repre- 
sentatives, who  are  political  agents. 

They  are  stationed  at  the  commercial  centers  of  the 
world,  to  facilitate  trade,  watch  over  the  national  ship- 
ping and  navigation,  prevent  fraud  on  the  revenue 
of  their  country,  and  furnish  information  on  matters 
of  concern  to  the  commercial  interests  of  the  nation. 
They  are  also  charged  with  the  important  duty  of  pro- 
tecting their  fellow  countrymen. 

The  system  of  consuls  is  believed  to  have  had  its 
origin  in  the  selection  by  Italian  merchants  who  had 
established  themselves  in  the  East,  of  some  of  their 
number  to  act  as  judges  or  arbitrators  and  settle  com- 
mercial differences  arising  between  them  in  the  foreign 
country  in  which  they  were  doing  business.  The  insti- 
tution was  later  introduced  in  the  commercial  towns  of 
Southern  Europe,  where  the  officer,  taking  his  title 
from  that  of  the  domestic  Roman  magistrate,  came  to 
be  known  as  judge-consul  or  consul-judge.  These  of- 
ficers were  at  first  selected  by  mercantile  associations, 
but  the  right  of  appointment  soon  passed  to  the  govern- 

117 


OUR     FOREIGN     SERVICE 

meiit  of  the  country  to  which  the  merchants  belonged. 
It  is  said  that  the  first  consul  appointed  by  England  was 
to  Pisa,  Italy,  in  1175,  the  government  acting  at  the 
request  of  a  British  commercial  organization  in  Pisa, 
which  was  unable  to  agree  in  the  selection  of  one  of 
its  own  members.  The  advantages  of  this  practice  be- 
ing demonstrated,  it  became  the  custom  first  for  Eng- 
land and  then  for  other  governments  to  appoint  con- 
suls to  act  in  foreign  countries.  With  the  extension 
of  the  jurisdiction  of  courts  of  law,  these  officers  lost 
in  a  large  degree  their  judicial  functions,  except  in  non- 
Christian  countries,  but  their  general  powers  and  duties 
were  greatly  enlarged.  It  was  an  easy  transition  from 
the  name  of  consul  judge  to  that  of  consul.  Consuls 
were  not  formally  named  in  treaties,  however,  until 
those  entered  into  between  Great  Britain  and  Turkey 
in  the  latter  part  of  the  17th  century. 

In  the  United  States  the  first  law  relating  to  consuls 
was  the  Act  of  April  14th,  1792  (i  Stat.  255).  But 
the  Constitution  recognized  consuls  as  existing  officers, 
and  the  right  of  consular  representation  had  been  form- 
ally recognized  eleven  years  before  the  government  un- 
der the  Constitution  went  into  operation,  by  the  29th 
article  of  the  Treaty  of  amity  and  commerce  with 
France,  which  granted  to  each  government  the  liberty 
of  having  consuls  in  the  ports  of  the  other.  The  first 
consul  of  the  United  States  was  William  Palfrey,  who 
was  chosen  by  Congress  in  November,  1780,  as  our 
consul  in  France  at  a  salary  of  $1,500  a  year.  Palfrey 
never  reached  France,  however,  the  vessel  on  which 

118 


OUR     C  O  N  S  U  L  x\  R     SERVICE 

he  sailed  being  lost  at  sea.  Without  any  express  pro- 
vision being  made  for  their  appointment,  sixteen  other 
consular  officers  were  appointed  before  the  law  of  1792 
was  enacted.  They  received  no  compensation  but  were 
allowed  to  engage  in  trade. 

The  Act  of  1792,  which  was  passed  to  carry  into 
effect  the  consular  treaty  of  1788  with  France,  under- 
took to  define  to  some  extent  the  duties  of  consular 
officers. 

It  authorized  them  to  receive  the  protests  or  declara- 
tions of  American  captains,  crews,  passengers  and  mer- 
chants; to  take  charge  of  and  act  as  provisional  con- 
servators of  the  personal  property  of  American  citi- 
zens dying  within  their  consular  districts  and  leaving 
there  no  legal  representatives ;  to  take  measures  to  save 
stranded  American  vessels  and  their  cargoes ;  and  to 
relieve  and  provide  transportation  to  distressed  Ameri- 
can seamen.  This  law  required  consuls  and  vice-con- 
suls to  give  bonds ;  and  authorized  them  to  receive  fees 
for  certain  specified  services. 

The  Act  of  Feb.  28,  1803  (2  Stat.  203),  required 
masters  of  American  vessels  on  their  arrival  at  foreign 
ports  to  deposit  their  ships*  papers  with  our  consular 
officers,  and  to  discharge  and  pay  seamen  before  them. 

The  Act  of  Apr.  20,  1818,  made  it  the  duty  of  con- 
sular officers  to  administer  oaths  to  owners  of  goods 
exported  from  their  consular  districts  subject  to  ad 
valorem  duty  in  the  United  States. 


119 


OUR     FOREIGN     SERVICE 


Law  of  1856 

With  the  exception  of  consuls  in  the  Barbary  States, 
no  salaries  were  provided  for  consular  officers.  They 
were  generally  merchants  or  shipping  agents,  receiving 
fees  for  consular  services  performed.  As  merchant 
consuls,  by  reason  of  their  office,  enjoyed  peculiar  ad- 
vantages over  the  other  merchants,  friction  frequently 
developed,  and  the  practice  did  not  work  well.  There 
was  a  tendency  for  the  consul  to  neglect  his  official 
duties  to  attend  to  his  private  business  affairs,  and  as 
few  of  the  fees  for  consular  services  were  fixed  by  law 
or  regulation,  there  was  a  constant  temptation  to 
charge  large  fees,  and  this  was  the  occasion  for  bitter 
controversies. 

Repeated  efforts  were  made  by  the  Department  of 
State  to  secure  legislation  to  remedy  these  defects  in 
the  consular  service,  but  without  success  until  1856, 
when  a  law  (Act  of  Aug.  16,  1856, — 11  Stat.  52),  was 
passed,  defining  more  clearly  the  rights  and  duties  of 
consuls,  classifying  the  offices  and  substituting  salaries 
for  fees  at  the  more  important  posts.  This  law  pro- 
hibited consular  officers  receiving  a  salary  of  $1,500  or 
more  a  year  from  engaging  in  business. 

The  law  also  contemplated  the  establishment  of  a 
regular  consular  corps  in  which  men  should  be  trained 
for  the  consular  service,  and  authorized  the  President 
to  appoint  after  examination,  twenty-five  consular 
pupils  at  a  salary  not  to  exceed  $1,000  a  year,  and  to  as- 

120 


OUR     CONSULAR     SERVICE 

sign  them  to  such  consulates,  with  such  duties,  as  he 
might  think  proper.  But  Congress  failed  to  make  any 
appropriation  for  this  purpose,  and  at  its  next  session 
repealed  the  provision.  Eight  years  later  a  law  (Act 
of  June  20,  1864, — 13  Stat.  139),  provided,  however, 
for  the  appointment  of  thirteen  consular  clerks  with 
like  salary  and  duties,  who  were  to  be  subject  to  re- 
moval only  for  cause  stated  in  writing  and  submitted 
to  Congress;  and  in  1874  (Act  of  June  11,  1874, — 18 
Stat.  70),  it  was  provided  that  the  annual  salary  of 
consular  clerks  remaining  continuously  in  service  for 
five  years  should  be  twelve  hundred  dollars.  The  des- 
ignation of  these  consular  clerks  was  changed  to  that 
of  consular  assistants  and  their  number  was  increased 
to  twenty  by  the  Act  of  May  21,  1908.  The  original 
object  of  securing,  by  means  of  the  consular  corps, 
trained  men  for  the  higher  posts  failed  because  the 
consular  clerks  preferred  a  permanent  post  at  a  small 
salaiy  to  a  larger  salaried  position  with  uncertain  ten- 
ure. 

The  law  of  1856  authorized  the  President  to  pre- 
scribe a  tariff  of  fees  to  be  charged  for  official  services, 
and  provided  for  a  proper  accounting  by  consular  offi- 
cers for  the  fees  collected  by  them.  It  required  con- 
sular officers  to  keep  lists  of  all  vessels  arriving  at  or 
departing  from  their  ports  and  of  all  seamen  shipped 
or  discharged  before  them ;  and  authorized  consuls  to 
retain  the  ships'  papers  until  all  demands  and  wages 
and  consular  fees  should  be  paid. 

While  the  law  of  1856  was  a  big  step  in  advance 

121 


OUR     FOREIGN     SERVICE 

there  still  remained  many  deficiencies  in  our  consular 
system.  Under  this  law,  while  the  consuls  at  the  more 
important  posts  were  paid  salaries  in  lieu  of  fees,  the 
large  majority  of  consular  officers  continued  to  be  com- 
pensated by  fees,  and  fees  were  still  allowed  all  consu- 
lar officers  for  unofficial  services  performed  by  them. 

The  method  of  selecting  consuls  which  had  pre- 
vailed from  the  beginning,  by  which  political  influence 
outweighed  considerations  of  the  fitness  of  the  appli- 
cant for  the  office,  continued  to  be  followed.  In  the 
course  of  time  it  developed  that  the  salaries  at  many 
consulates  were  entirely  inadequate,  and  consulates 
were  maintained  at  some  places  where  there  existed  no 
sufficient  demand  for  them. 

With  the  development  of  our  commerce  and  the  ex- 
tension of  our  interests  in  foreign  countries  the  neces- 
sity for  the  improvement  of  the  consular  service  by  a 
better  method  of  appointment  and  permanent  tenure  of 
office,  became  more  apparent.  Attempts  were  made 
by  the  Executive  from  time  to  time  to  establish  a  sys- 
tem whereby  the  qualifications  of  applicants  should  be 
determined  by  examination  at  the  Department  of  State. 
But  such  efforts  were  spasmodic  and  after  short  trials 
the  examinations  were  discontinued. 

Commercial  organizations,  chambers  of  commerce 
and  boards  of  trade,  quick  to  appreciate  the  weakness 
of  our  consular  service,  for  years  carried  on  a  campaign 
for  consular  reform.  To  further  this  object,  bills  were 
formulated  and  presented  to  Congress  and  representa- 
tives of  these  organizations  appeared  before  the  com- 

122 


OUR     CONSULAR     SERVICE 

mittees  of  Congress  and  urged  their  passage.  But  no 
definite  result  was  attained  and  the  law  of  1856  con- 
tinued for  the  most  part  to  regulate  our  consular  serv- 
ice until  1906. 

Re-organization  Law  of  igo6 

In  July,  1905,  Elihu  Root  was  appointed  Secretary 
of  State.  One  of  the  first  matters  to  engage  his  at- 
tention was  the  improvement  of  the  Consular  Service. 
With  characteristic  energy  and  determination  and  an 
intimate  familiarity  with  legislative  methods,  he 
pressed  the  matter  before  the  committees  of  Congress, 
and  within  less  than  a  year  succeeded  in  having  placed 
upon  the  statute  books  a  law  (Act  of  April  5,  1906) 
which  embodies  reforms  the  Department  of  State  had 
for  several  decades  vainly  sought  to  bring  about.  The 
law  also  contains  additional  features  of  the  greatest 
importance  and  usefulness. 

This  law  reorganized  the  service,  providing  for  fifty- 
seven  consuls-general,  divided  into  seven  classes,  with 
salaries  of  three  thousand  to  twelve  thousand  dollars, 
and  two  hundred  and  fifty-three  consuls,  in  nine  classes, 
with  salaries  of  two  thousand  to  eight  thousand  dol- 
lars. The  later  Act  of  May  11,  1908,  reduced  the  num- 
ber of  consuls  to  two  hundred  and  forty-one. 

The  classification  made  in  the  Reorganization  Act 
was  based  upon  the  importance  of  the  office  and  the 
qualifications  required  of  the  incumbent;  and  in  fixing 
the  salaries  the  emoluments  of  each  place,  including 

123 


OUR     FOREIGN     SERVICE 

salary  and  fees,  and  the  requirements  as  to  cost  of 
living,  were  taken  into  consideration. 

The  law  abolished  the  unofficial  fee  system  and  pro- 
vided that  the  sole  compensation  of  all  consular  officers 
except  consular-agents  shall  be  the  salary  fixed  by  law. 
All  fees,  including  those  for  notarial  services,  must  be 
paid  into  the  Treasury,  and  a  proper  accounting  by 
consuls  for  fees  collected  by  them  is  insured  by  the 
use  of  adhesive  stamps  which  are  provided  by  the  De- 
partment of  State,  to  be  attached  to  documents. 

The  law  prohibits  consuls  from  engaging  in  business, 
practising  as  a  lawyer,  or  being  interested  in  the  fees  or 
compensation  of  a  lawyer.  It  also  prohibits  the  em- 
ployment in  consular  offices  of  any  person  not  an 
American  citizen  in  a  clerical  position  the  annual  salary 
of  which  is  one  thousand  dollars  or  more. 

This  change  is  an  important  one,  marking  as  it 
does,  another  step  in  the  Americanization  of  the  con- 
sular service.  It  is  desirable  that  every  officer  or  em- 
ployee in  the  service,  who,  by  reason  of  his  position, 
has  access  to  the  secrets  of  trade  movements,  should  be 
American  in  spirit  and  sympathy.  If  the  same  prohi- 
bition could  be  extended  to  Vice-Consuls  and  Consular 
Agents,  it  would  greatly  increase  th6  efficiency  of  the 
service.  Thus  far,  however,  no  feasible  method  of  ac- 
complishing this  reform  seerhs  to  have  been  presented. 

Formerly,  the  Department  had  no  adequate  means  of 
ascertaining  the  condition  of  the  various  consular  offi- 
ces or  seeing  that  consuls  performed  their  duties  prop- 
erly.    The  Reorganization  Act  makes  possible  the  ef- 

124 


OUR     CONSULAR     SERVICE 

fective  supervision  of  the  service  by  providing  for  the 
regular  and  systematic  inspection  of  consulates  by  a 
corps  of  five  inspectors  or  Consuls-General  at  large. 
The  law  requires  that  every  consular  office  shall  be 
inspected  at  least  once  every  two  years. 

This  measure,  in  the  form  in  which  it  was  presented 
to  Congress,  provided  for  the  determination  of  the 
qualifications  of  applicants  by  means  of  examinations, 
and  for  the  filling  of  vacancies  in  the  two  lowest  grades 
from  the  list  of  eligibles,  and  in  the  higher  grades  by 
promotion  from  officers  in  the  lower  grades.  But  this 
provision  was  not  allowed  to  remain  in  the  bill.  Not 
having  succeeded  in  securing  the  desired  legislation  in 
this  important  particular,  President  Roosevelt,  upon 
the  advice  of  Secretary  Root,  in  the  exercise  of  the 
powers  conferred  upon  him  by  the  Constitution,  and 
by  the  provisions  of  Section  1753  of  the  Revised  Stat- 
utes, which  authorizes  the  President  to  prescribe  regu- 
lations for  the  admission  of  persons  into  the  Civil 
Service  and  ascertain  the  fitness  of  candidates,  issued 
an  Executive  order  on  June  27,  1906,  which  practically 
accomplishes  the  object  sought  by  the  provision  con- 
tained in  the  bill  referred  to. 

Under  this  order  a  board  of  examiners  is  created, 
consisting  of  the  Third  Assistant  Secretary  and  the 
Chief  Clerk  of  the  Department  of  State,  and  the  chief 
examiner  of  the  Civil  Service  Commission.  Examina- 
tions are  open  only  to  candidates  between  the  ages  of 
21  and  50  years,  citizens  of  the  United  States,  of  good 
character  and  habits,  and  physically  and  mentally  quali- 

I2q 


OUR     FOREIGN     SERVICE 

fied  for  the  proper  performance  of  consular  work,  and 
who  have  been  specially  designated  by  the  President  for 
appointment  to  the  consular  service,  subject  to  exam- 
ination. 

The  subjects  upon  which  candidates  are  examined 
include  one  modern  language  other  than  English;  the 
natural,  industrial  and  commercial  resources  of  the 
United  States,  especially  with  reference  to  the  possibil- 
ities of  extending  and  increasing  the  foreign  trade  of 
the  United  States ;  political  economy,  elements  of  in- 
ternational, commercial  and  maritime  law;  American 
history,  government  and  institutions ;  political  and  com- 
mercial geography;  arithmetic;  the  history  since  1850 
of  Europe,  Latin-America,  and  the  Orient,  with  par- 
ticular attention  to  political,  commercial  and  economic 
tendencies.  Candidates  for  appointment  as  consul  in 
a  country  in  which  the  United  States  exercises  extra- 
territorial jurisdiction,  are  required  to  take  a  supple- 
mentary examination  in  the  fundamental  principles  of 
the  common  law,  the  rules  of  evidence  and  the  trial  of 
civil  and  criminal  cases. 

As  it  is  essential  that  the  Department  should  know 
something  more  about  a  candidate  than  a  written  ex- 
amination shows,  there  is  also  an  oral  examination 
which  counts  equally  with  the  written  examination. 
The  object  of  the  oral  examination  is  to  determine 
the  candidate's  business  ability,  general  contemporary 
information,  alertness  and  natural  fitness  for  the  serv- 
ice,  including  character,   mental,  moral  and  physical 

126 


OUR     CONSULAR     SERVICE 

qualifications,  address  and  general  education  and  com- 
mand of  English. 

The  vacancies  in  the  eighth  and  ninth  grades  of 
consuls  (the  salaries  of  which  are  $2,000  and  $2,500 
per  annum  respectively),  are  to  be  filled  by  the  appoint- 
ment of  candidates  who  satisfactorily  pass  the  examina- 
tion, or  by  the  promotion  of  consular  assistants,  vice 
consuls,  deputy  consuls,  consular  agents  or  student  in- 
terpreters who  shall  have  been  appointed  upon  exami- 
nation. 

Vacancies  in  the  oflfice  of  consul-general  and  in  the 
office  of  consul  above  class  eight  are  to  be  filled  by 
promotion  from  the  lower  grades  of  the  consular  serv- 
ice, based  upon  ability  and  efficiency  as  shown  in  the 
service,  or  by  the  promotion  of  persons  in  the  service 
of  the  Department  of  State  with  salaries  of  two  thous- 
and dollars  and  upwards,  based  upon  ability  and  effi- 
ciency. 

The  order  provides  that  the  political  affiliations  of 
the  candidate  shall  not  be  considered  either  in  the  desig- 
nation for  examination  or  certification  or  appointment, 
and  that  in  designations  and  appointments  as  between 
candidates  of  equal  merit,  appointments  shall  be  made 
so  as  to  secure  proportional  representation  of  all  the 
States  and  Territories.  An  efficiency  record  has  been 
established,  made  up  from  all  sources  of  information 
available  to  the  Department,  and  the  order  provides 
that  no  promotions  shall  be  made  except  for  efficiency 
as  shown  by  the  work  that  the  officer  has  accomplished, 
the  ability,  promptness  and  diligence  displayed  by  him 

127 


OUR     FOREIGN     SERVICE 

in  the  performance  of  his  oflficial  duties,  his  conduct 
and  his  fitness  for  the  consular  service. 

While  the  examinations  are  not  competitive,  their 
nature  and  scope  are  a  sufficient  guarantee  that  no  per- 
son lacking  necessary  qualifications  will  receive  an  ap- 
pointment, and  a  designation  for  examination  is  equiva- 
lent to  an  appointment  within  a  reasonable  time,  sub- 
ject to  passing  the  examination  satisfactorily. 

(See  Appendix,  p.  221,  for  the  text  of  the  Executive 
Order  of  June  27,  1906,  and  the  Regulations  govern- 
ing examinations,  together  with  sample  examination 
papers. ) 

Our  Consular  Service  at  present  consist  of  the  fol- 
lowing : 

Five  (5)  Consuls-General  at  Large. 

Fifty-seven  (57)  Consuls-General. 

Eighteen  (18)  Vice  Consuls-General. 

Twenty-five  (25)  Deputy  Consuls-General. 

Forty-two  (42)  Vice  and  Deputy  Consuls-General. 

Two  hundred  and  forty-one  (241)  Consuls. 

Seventy  (70)  Vice  Consuls. 

Twenty  (20)  Deputy-Consuls. 

One  hundred  and  fifty-three  (153)  Vice  and  Deputy 
Consuls. 

Three  hundred  and  seven  (307)  Consular  Agents. 

Seventeen  (17)  Consular  Assistants. 

Eight  (8)  Marshals. 

Twenty-four  (24)  Interpreters. 

Thirteen  (13)  Student  Interpreters. 

128 


OUR     CONSULAR     SERVICE 

Besides  this  force  of  one  thousand  ( looo),  provision 
is  made  by  the  annual  appropriation  acts  for  the  employ- 
ment of  clerks  at  various  consulates. 

Consular  representation  is  maintained  by  this  gov- 
ernment at  six  hundred  and  five  (605)  different  places, 
in  forty-seven  (47)  different  countries. 

The  total  appropriation  for  salaries  and  clerk- 
hire  in  the  Consular  Service  for  the  current  year  is 
$1,166,490. 

Consuls-General  at  Large 

Consuls-General  at  Large  are  appointed  by  the  Presi- 
dent, with  the  advice  and  consent  of  the  Senate,  from 
members  of  the  consular  force  possessing  the  requisite 
qualifications  of  experience  and  ability.  They  are 
charged,  under  the  direction  of  the  Secretary  of  State, 
with  the  duty  of  inspecting  consulates  and  reporting 
thereon. 

Whenever  the  President  has  reason  to  believe  that 
the  business  of  a  consulate  is  not  being  properly  con- 
ducted, he  may  authorize  a  consul-general  at  large  to 
suspend  the  consul  or  consul-general  and  administer 
the  office  for  not  to  exceed  ninety  days,  and  the  consul- 
general  at  large  may  suspend  any  vice  or  deputy  con- 
sular officer  or  clerk  in  said  office  during  the  period 
mentioned. 

Consuls-General 

Consuls-General  are  the  highest  grade  of  consular 
For.  Serv. — 9  129 


OUR     FOREIGN     SERVICE 

officers.  They  are  generally  located  at  the  larger  com- 
mercial cities.  While  they  have,  theoretically,  super- 
vision of  the  consulates  subordinate  to  them,  so  far  as 
this  can  be  exercised  by  correspondence,  they  are,  in 
practice,  merely  consuls  with  a  title.  In  Oriental  coun- 
tries and  in  some  other  countries  where  there  is  a 
court  in  the  city  where  the  consular  officer  is  stationed 
there  is  some  reason  why  he  should  bear  the  title  of 
consul-general,  the  highest  consular  rank.  Consuls- 
General  and  Consuls  are  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate. 

Vice  Consular  Officers 

Vice-consuls-general  and  vice-consuls  are  officers  ap- 
pointed by  the  Secretary  of  State,  usually  upon  the 
nomination  of  the  consul-general  or  consul,  who  take 
the  place  and  exercise  the  powers  of  the  principal  con- 
sular officer  when  he  is  absent  or  relieved  from  duty. 
A  vice-consular  officer  has  no  functions  or  powers  when 
the  principal  officer  is  present  at  his  post.  Vice-con- 
suls are  required  to  give  bond,  with  sureties,  to  be  ap- 
proved by  the  Secretary  of  State,  in  a  sum  not  less  than 
$2,000. 

Vice-Consuls  receive  no  salary  except  in  the  absence 
of  the  principal  officer,  when  their  compensation  is  usu- 
ally regulated  by  agreement  with  the  principal  officer. 
In  the  absence  of  any  other  agreement  the  vice-consular 
officer  receives  one-half  of  the  principal  officer's  salary. 
For  any  absence  of  the  principal  officer  beyond  sixty 

130 


OUR     CONSULAR     SERVICE 

days  in  any  one  year  and  the  time  necessary  to  make  the 
journey  to  and  from  the  United  States,  the  vice-consu- 
lar officer  receives  the  entire  salary  of  the  office.  It  is 
customary  to  employ  the  vice-consular  officer  regularly 
as  a  clerk  in  the  consular  office,  in  which  event  he  is 
compensated  as  clerk  from  the  allowance  for  clerk-hire. 

Deputy  Consular  Officers 

Deputy  Consuls-General  and  Deputy  Consuls  are  of- 
ficers, also  appointed  by  the  Secretary  of  State  gener- 
ally upon  the  nomination  of  the  Consul  General  or  Con- 
sul, subordinate  to  the  principal  officer,  who  exercise 
consular  functions,  usually  of  a  routine  character,  under 
the  supervision  of  the  principal  officer.  No  provision 
is  made  for  the  compensation  of  deputy  consular  of- 
ficers except  from  the  allowance  made  by  law  for  the 
principal  officer.  They  are  usually  employed  as  clerks, 
however,  and  compensated  from  the  clerk-hire  allow- 
ance. 

The  position  of  vice  and  deputy  are  generally  com- 
bined and  held  by  one  person  to  avoid  the  multiplication 
of  offices  at  one  post. 

Consular  Agents 

A  consular-agent  is  an  officer  subordinate  to  a  con- 
sul-general or  consul,  who  exercises  powers  similar  to 
but  not  as  extensive  as  those  of  the  principal  officer,  at 
a  port  or  place  different  from  that  at  which  the  princi- 
pal officer  is  located.     Consular  agents  act  under  the 

131 


OUR     FOREIGN     SERVICE 

directions  of  the  principal  officer  and  their  compensa- 
tion is  limited  to  one-half  of  the  fees  collected  by  them, 
in  no  case  to  exceed  $i,ooo  a  year,  however.  They 
are  appointed,  as  vice  and  deputy  consular  officers  are, 
by  the  Secretary  of  State,  upon  the  nomination  of  the 
principal  consular  officer.  No  bond  from  consular 
agents  is  required  by  law,  but  consular  officers  having 
agents  under  their  supervision  may  take  from  them 
such  bonds  as  they  deem  proper  for  their  protection. 

Student  Interpreters 

Provision  is  also  made  by  law  for  ten  student  inter- 
preters at  the  legation  in  China  and  six  at  the  embassy 
in  Japan,  who  shall  be  citizens  of  the  United  States, 
and  whose  duty  it  shall  be  to  study  the  Chinese  and 
Japanese  languages  respectively,  with  a  view  to  supply- 
ing interpreters  to  the  legation,  embassy,  and  consulates 
in  those  countries. 

The  law  provides  that  these  student  interpreters  shall 
be  chosen  in  such  manner  as  will  make  the  selections 
non-partisan,  and  that  upon  receiving  appointment  each 
shall  sign  an  agreement  to  continue  in  the  service  as 
interpreter  as  long  as  his  services  may  be  required  with- 
in a  period  of  five  years. 

Clerks 

Clerks  are  employed  at  the  various  consular  offices, 
to  perform  routine  office  work.  They  are  generally 
appointed  by  the  Department  of  State,  upon  the  nomi- 

132 


OUR     CONSULAR     SERVICE 

nation  of  the  consul-general  or  consul,  and  receive 
salaries  varying  from  $300  to  $1,500  a  year.  None  but 
American  citizens  are  eligible  for  appointment  to  posi- 
tions the  compensation  of  which  is  $1,000  a  year  or 
more. 

Provision  is  made  for  interpreters  at  certain  con- 
sulates in  Oriental  countries. 

Bond  and  Oath  of  Office 

Before  a  newly  appointed  consul  enters  upon  his 
duties,  he  is  required  to  take  the  oath  of  office  pre- 
scribed by  law,  and  give  a  bond,  with  sureties  to  be 
approved  by  the  Secretary  of  State,  in  a  sum  fixed  by 
regulation  in  each  case.  The  practice  is  almost  uni- 
versal to  furnish  bonding  companies  as  sureties. 

Instruction  Period 

The  consul  is  allowed  thirty  days  after  appointment 
with  salary,  called  an  "instruction  period,"  in  which  to 
acquire  some  familiarity  with  his  duties  by  personal 
conference  with  officials  of  the  Department  of  State, 
and  to  close  up  his  private  affairs.  Formerly,  the  giv- 
ing of  instructions  was  a  mere  formality,  but  under 
Secretary  Root's  administration  of  the  Department  of 
State,  a  system  was  established  by  which  this  period 
became  a  period  of  actual  instruction.  A  room  has  been 
fitted  up  at  the  Department  wherein  a  complete  set  of 
records  and  other  books,  forms,  etc.,  used  at  consulates 

133 


OUR     FOREIGN     SERVICE 

is  installed,  and  an  instructor  who  has  had  practical 
consular  experience  explains  to  the  newly  appointed 
consuls  their  duties  in  connection  with  the  verification 
of  invoices,  issuance  of  bills  of  health,  rendering  ac- 
counts, etc.  Talks  are  also  given  to  them  by  other  gov- 
ernment officials  on  matters  appertaining  to  consular 
work,  such  as  the  promotion  of  our  export  trade,  immi- 
gration, citizenship,  etc. 

The  new  consul  should  read  the  correspondence  be- 
tween the  Department  and  his  predecessor  in  order  to 
inform  himself  of  the  state  of  the  business  of  the  con- 
sulate and  get  in  touch  with  pending  matters. 

He  should  also  spend  some  time  at  the  custom  house 
of  the  port  from  which  he  sails  for  his  post,  making  a 
study  from  the  standpoint  of  the  customs  officers,  of 
invoices,  undervaluations,  etc. 

Transit  Period 

The  consular  officer  is  allowed  a  certain  number  of 
days  fixed  by  regulation  according  to  distance,  called 
a  "transit  period,"  for  reaching  his  post.  In  addition 
to  his  salary  during  this  time,  he  is  allowed  the  sum  of 
five  cents  per  mile  for  transportation  in  going  to  his 
post.  A  similar  allowance  is  made  consuls  in  returning 
from  their  posts. 

Exequatur 

The  exequatur,  the  formal  permission  which  is  grant- 
ed by  the  foreign  government  to  the  consular  officer  to 

134 


OUR     CONSULAR     SERVICE 

act,  is  usually  obtained  by  the  American  diplomatic 
representative  in  the  country  in  which  the  post  is 
located,  the  commission  of  the  new  appointee  being 
transmitted  by  the  Department  to  the  diplomatic  officer 
for  that  purpose.  If  the  exequatur  has  not  been  re- 
ceived, the  consular  officer  upon  reaching  his  post,  ad- 
dresses a  communication  to  the  local  authorities  re- 
questing permission  to  act  pending  the  arrival  of  his 
exequatur.  Upon  receiving  such  permission  he  may 
at  once  enter  upon  the  discharge  of  his  duties.  While 
a  country  has  an  undoubted  right  to  withhold  an  exe- 
quatur in  any  case,  it  is  seldom  exercised. 

His  first  duty  is  to  take  possession  of  the  consular 
seals  and  public  property  of  the  office,  and  sign  jointly 
with  his  predecessor  or  other  person  having  charge, 
an  inventory  thereof,  one  copy  of  which  is  kept  at  the 
consulate  and  the  other  sent  to  the  Department.  A 
certificate,  also  executed  jointly  by  the  consul  and  his 
predecessor,  or  person  in  charge,  showing  the  date  of 
actual  entry  on  his  duties,  is  to  be  transmitted  to  the 
Auditor. 

The  consul  should  notify  the  Department  of  State 
and  the  consul-general  to  whom  he  may  be  subordinate, 
or  the  diplomatic  representative,  if  there  be  one,  that 
he  has  entered  upon  his  duties.  He  should  also  inform 
the  principal  consular  officers  of  the  United  States  in 
the  country,  and  send  his  official  card  or  call  upon  the 
consular  officers  of  other  countries  in  the  place,  in  ac- 
cordance with  the  custom.    It  is  desirable  for  the  consul 

135 


OUR     FOREIGN     SERVICE 

to  make  official  calls  upon  the  chief  authorities  of  the 
town  and  province,  especially  those  with  whom  he  is 
likely  to  be  brought  in  contact,  such  as  governor,  mayor, 
captain  of  the  port,  postmaster,  head  of  the  chamber  of 
commerce,  etc. 

Consuls  are  made  an  allowance  for  office-rent  of  a 
sum  not  exceeding  30%  of  the  salary  provided  by  law. 

For  clerk-hire  they  may  expend  such  sum  as  may  be 
allowed  in  the  discretion  of  the  Department,  and  for 
contingent  expenses  such  as  furniture,  postage,  tele- 
grams, messenger  service  and  newspapers,  such  sum 
as  the  President  may  think  necessary. 

Principal  consular  officers  are  allowed  leaves  of  ab- 
sence from  their  posts  with  salary  for  a  period  of  sixty 
days  each  year,  in  addition  to  the  period  of  transit  to 
and  from  the  United  States  when  the  consular  officer 
visits  this  country. 

Where  a  consular  officer  is  so  unfortunate  as  to  die 
abroad  or  in  transit,  while  in  the  discharge  of  his  official 
duties,  the  government  defrays  the  expenses  of  trans- 
porting his  remains  to  his  former  home  in  this  country 
and  the  ordinary  and  necessary  expenses  of  interment. 

Privileges  and  Immunities 

In  the  absence  of  express  provision  of  treaty  or  local 

136 


OUR     CONSULAR     SERVICE 

law,  or  long  established  usage,  consuls  in  civilized 
countries  at  the  present  day  have  no  diplomatic  charac- 
ter and  enjoy  no  exemptions  or  immunities  except  such 
as  are  necessarily  incident  to  the  consular  office. 

Consuls  are  under  the  special  protection  of  the  law 
of  nations,  however,  and  when  an  exequatur  is  granted 
without  express  restrictions  it  is  deemed  to  confer  all 
rights  and  privileges  necessary  to  the  performance  of 
the  duties  of  the  consular  office. 

Among  the  general  privileges  and  rights  appertain- 
ing to  the  office  of  consul  are  the  following :  The  right 
to  place  the  arms  of  his  government  over  his  doors ;  in- 
violability and  exemption  from  seizure  or  examination 
of  archives  and  of  official  property;  exemption  from 
service  on  juries  and  in  the  militia. 

Under  the  rules  of  international  law,  consular  officers 
are  subject  to  the  payment  of  taxes  or  duties  on  their 
property  in  the  country  of  their  residence.  They  are 
subject,  generally,  to  the  civil  and  criminal  jurisdiction; 
but  it  is  asserted  by  some  authorities  that  as  consular 
functions  require  that  the  consul  should  be  independent 
of  the  ordinary  criminal  justice  of  the  place  where  he 
resides,  he  should  not  be  molested  or  imprisoned  unless 
he  violates  the  law  of  nations  by  some  enormous  mis- 
demeanor.    , 

In  non-Christian  countries  consuls  still  enjoy  to  a 
large  extent  rights  of  extraterritoriality  and  the  im- 
munities of  diplomatic  officers,  such  as  exemption  from 
the  civil  and  criminal  jurisdiction,  and  from  taxation 
of  personal  property,  etc. 

137 


OUR     FOREIGN     SERVICE 

To  determine  his  treaty  rights  and  privileges  the 
consul  should  consult  the  particular  treaty  involved. 

Qualifications  and  Duties 

The  duties  which  consuls  are  called  upon  to  perform 
are  so  numerous,  of  so  varied  a  character  and  so  im- 
portant, that  they  demand  a  high  order  of  intelligence 
and  ability  and  a  wide  range  of  knowledge.  Mr.  Glad- 
stone, who  was  well  qualified  to  speak  on  the  subject, 
said :  "There  is  no  branch  of  the  civil  service  that  calls 
for  such  a  mass  of  practical  knowledge  and  general  in- 
formation." Another  writer  has  said:  "Consuls  stand 
in  so  many  relations  to  our  government  and  people  that 
it  is  doubtful  if  any  other  position  in  our  modern  civili- 
zation calls  into  service  a  greater  versatility — a  wider 
experience  of  intellectual  capacity." 

To  be  successful,  a  consul  should  be  a  mian  who  has 
had  some  practical  experience  in  business.  He  should 
have  the  commercial  instinct,  a  good  mind  for  details 
and  an  eagerness  for  information  pertaining  to  his 
calling. 

The  duties  of  consular  officers  are  elaborately  set 
forth  in  a  formidable  volume  of  nearly  900  pages  en- 
titled "United  States  Consular  Regulations,"  promul- 
gated by  the  President.  Their  more  important  func- 
tions are  described  below. 

Certification  of  Invoices 

One  of  the  duties  of  consuls  of  most  frequent  re- 

138 


OUR     CONSULAR     SERVICE 

currence  is  that  of  certifying  to  the  correctness  of  dec- 
larations required  by  law  to  accompany  invoices  of 
merchandise  exported  to  the  United  States. 

Our  laws  require  that  no  imported  goods  exceeding 
$ioo  in  value  shall  be  admitted  to  entry  without  the 
production  of  a  duly  certified  invoice,  containing  a  de- 
scription of  the  merchandise  and  stating  its  actual 
market  value  in  the  country  of  production  or  exporta- 
tion. This  invoice  must  be  signed  by  the  purchaser, 
owner  or  manufacturer,  who  is  required  to  endorse 
thereon  a  declaration  as  to  the  truth  of  the  statements 
contained  therein. 

The  United  States  was  the  first  government  of  im- 
portance to  utilize  its  consular  service  in  the  enforce- 
ment of  its  tariff  laws.     The  Act  of  April  20,   1818, 
required  the  owners  of  goods  exported  to  the  United 
States  subject  to  ad  valorem  duty  to  make  oath  before 
consular   officers   to   the   correctness   of   the   invoices 
thereof.    By  the  Act  of  July  14,  1862,  this  function  was 
extended  so  as  to  cover  invoices  of  all  imported  goods 
whether  subject  to  ad  valorem  or  specific  duty.    While 
the  present  law  does  not  require  the  declaration  of  the 
shipper  to  be  under  oath  the  duties  of  consuls  in  the 
premises  are  of  no  less  importance  than  formerly.    The 
consul  is  not  only  required  to  receive  the  declaration 
of  the  shipper,  but  it  is  his  duty  to  acquire  a  special 
knowledge  of  the  trade  in  his  district  and  of  the  actual 
value  of  the  goods  shipped,  so  that  he  can  judge  of  the 
truth  of  the  statements  made  in  the  declaration  and  de- 
tect any  attempt  at  undervaluation. 

139 


OUR     FOREIGN     SERVICE 

The  enforcement  of  our  tariff  depends  to  a  large  ex- 
tent upon  the  fidelity  and  energy  of  our  consular  of- 
ficers. In  the  performance  of  this  duty,  an  intelligent, 
conscientious,  and  vigilant  officer  may  save  the  govern- 
ment many  thousands  of  dollars  in  duties.  The  Con- 
sul General  at  St.  Gall,  Switzerland,  James  T.  Dubois, 
in  1898,  discovered  a  system  of  undervaluation  of  laces 
and  embroideries  shipped  from  his  district  to  the  United 
States  by  which  our  revenue  was  being  defrauded  of  an 
enormous  amount  every  year.  He  made  a  careful  study 
of  the  cost  of  manufacture  of  these  goods  and  by  co- 
operation with  the  Treasury  Department  at  Washing- 
ton, effected  a  reform  whereby  in  a  single  year  the 
saving  to  our  revenue  amounted  to  over  $1,000,000, — 
nearly  enough  to  pay  the  total  annual  expense  of  the 
consular  service. 

Invoice  forms,  showing  the  endorsement  of  the  dec- 
laration of  the  shipper  and  the  certification  of  the  consul 
are  included  in  the  appendix  at  pp.  275-277. 

Landing  Certificates 

Consuls  are  frequently  called  upon  to  verify  landing 
certificates.  Where  merchandise  is  exported  from  the 
United  States  to  a  foreign  country  under  bond,  on 
which  duty  or  allowance  is  payable,  the  bond  may  be 
discharged  upon  production  within  a  specified  period 
of  a  landing  certificate,  which  is  a  declaration  by  the 
consignee  (which  is  confirmed  by  oath  of  the  master 
and  mate  of  the  vessel  on  which  the  goods  are  shipped) 

140 


OUR     CONSULAR     SERVICE 

that  the  merchandise  has  been  landed  at  the  foreign 
port. 

Where  the  affidavits  of  the  master  and  mate  are  not 
obtainable,  the  declaration  by  the  consignee  may  be 
confirmed  by  a  certificate  from  the  custom  house  at  the 
foreign  port,  showing  landing  and  entry.  In  either 
case,  the  certificate  of  the  consular  officer  there,  declar- 
ing that  the  facts  set  forth  in  the  consignee's  certificate 
are,  to  the  best  of  his  knowledge,  true  and  correct,  is 
required. 

(For  Form  of  Landing  Certificate,  see  appendix  p. 
280.) 

Returned  American  Merchandise 

Another  service  which  consuls  are  often  required  to 
perform  is  the  granting  of  certificates  of  goods  pro- 
duced or  manufactured  in  the  United  States,  and  re- 
turned after  having  been  exported  without  having  been 
advanced  in  value  or  improved  in  condition,  such  as 
barrels,  boxes,  bags,  etc.,  of  American  manufacture  ex- 
ported filled  with  American  products  or  exported 
empty,  and  returned  as  barrels  and  boxes,  etc.  These 
are  entitled  to  entry  in  the  United  States  free  of  duty 
upon  the  production  of  a  declaration,  made  before  the 
consul,  of  the  fact  that  the  merchandise  was  imported 
from  the  United  States  and  that  it  has  not  been  ad- 
vanced in  value  or  improved  in  condition  by  any  process 
of  manufacture  or  other  means. 

Automobiles  taken  by  their  owners  from  the  United 
States  to  a  foreign  country  and  there  used  in  traveling, 

141 


OUR     FOREIGN     SERVICE 

are  frequently  returned  to  the  United  States  upon  cer- 
tificates of  this  kind. 

Bills  of  Health 

Consular  officers  have  very  important  duties  in  con- 
nection with  the  preservation  of  the  public  health. 

They  are  required  to  make  v^eekly  reports  to  the  Sec- 
retary of  the  Treasury,  of  the  sanitary  condition  of  the 
ports  at  which  they  are  stationed,  and  in  the  event  of  the 
outbreak  of  cholera,  yellow  fever  or  other  contagious 
disease  in  epidemic  form,  it  is  their  duty  to  immediately 
advise  the  Department  of  State  by  telegram  or  cable. 

Consuls  are  required  to  post  in  their  offices  a  copy 
of  the  quarantine  law  and  regulations.  Every  vessel 
clearing  from  a  foreign  port  at  which  there  is  a  con- 
sular officer  for  any  place  in  the  United  States,  is  re- 
quired, under  penalty  of  $5,000,  to  obtain  a  bill  of 
health  from  the  consular  officer,  setting  forth  the  sani- 
tary condition,  and  history  of  the  vessel,  and  that  it  has 
complied  with  the  rules  and  regulations  prescribed  for 
securing  the  best  sanitary  condition  of  vessel,  cargo, 
passengers  and  crew. 

It  is  the  duty  of  the  consul,  before  granting  such  bill 
of  health,  to  satisfy  himself  that  the  matters  and  facts 
stated  therein  are  true.  Whenever  it  is  deemed  neces- 
sary, the  President  is  authorized  to  detail  a  medical  of- 
ficer to  serve  at  a  consulate  for  the  purpose  of  furnish- 
ing information,  making  the  inspection  and  giving  the 
bill  of  health. 

142 


OUR     CONSULAR     SERVICE 


Duties  in  Relation  to  Seamen 

At  seaports,  a  large  share  of  the  duties  of  consuls 
concerns  vessels  and  seamen.  Every  master  of  an 
American  vessel  is  required,  under  penalty  of  $500,  up- 
on arrival  at  a  foreign  port  to  deposit  the  ship's  papers 
(that  is  the  register,  crew  list  and  shipping  articles) 
with  the  American  consular  officer. 

Whenever  a  seaman  is  engaged  by  the  master  of  an 
American  vessel  at  a  foreign  port,  the  law  requires  that 
the  shipping  agreement  shall  be  signed  by  the  master, 
and  by  the  seaman  in  presence  of  the  consular  officer. 
It  is  the  duty  of  the  consular  officer  to  see  that  the  sea- 
man understands  the  contract,  and  to  endorse  his  sanc- 
tion upon  the  agreement. 

An  American  seaman  cannot  be  lawfully  discharged 
in  a  foreign  port,  even  with  his  own  consent,  without 
the  intervention  of  the  consular  officer;  and  upon  the 
discharge  of  a  seaman  it  is  the  duty  of  the  consular 
officer  to  require  the  payment  to  the  seaman  of  the  ar- 
rears of  wages  and  extra  wages  due.  The  law  author- 
izes consuls  to  retain  the  ship's  papers  until  all  demands 
and  wages  and  all  consular  fees  are  paid. 

Consuls  are  also  empowered  to  relieve  and  provide 
transportation  for  destitute  American  seamen.  In  manv 
ways,  our  government  treats  seamen  as  wards  and  as 
in  a  peculiar  degree  entitled  to  care  and  protection.  It 
is  the  duty  of  consuls  to  keep  lists  of  all  vessels  arriv- 
ing at  or  departing  from  their  ports,  and  of  all  seamen 

143 


OUR     FOREIGN     SERVICE 

shipped  and  discharged.  They  are  also  authorized  to 
receive  the  protests  or  declarations  of  American  mas- 
ters and  seamen. 

It  is  the  duty  of  consular  officers  to  reclaim  desert- 
ing seamen  and  to  employ  the  local  authority  for  this 
purpose  whenever  that  can  be  done. 

It  is  their  duty  to  investigate  charges  of  mutiny  or 
insubordination  on  American  vessels  on  the  high  seas, 
and  to  send  mutineers  to  the  United  States  for  trial. 

In  some  cases,  jurisdiction  is  given  our  consuls  by 
treaty  in  questions  of  wages,  shipment  and  discharge 
of  seamen,  and  over  all  transactions  occurring  on  board 
American  vessels  lying  in  a  foreign  port,  whether  in  the 
nature  of  contract,  tort,  or  crime,  so  far  as  concern  only 
the  vessels  and  their  cargoes  and  the  persons  belonging 
aboard.  But  matters  concerning  the  public  peace  of 
the  country,  or  the  rights  of  persons  not  belonging  to 
the  ship,  are  subject  to  the  local  jurisdiction.  It  is 
necessary  to  consult  in  every  case,  the  particular  treaty 
involved.  In  the  absence  of  treaty  provision,  the  con- 
sul has  jurisdiction  in  differences  between  masters 
and  crews  or  American  citizens,  only  so  far  as  it  may  be 
permitted  through  the  exercise  of  comity  or  reciprocity 
or  long  established  usage. 

Where  American  vessels  are  stranded  in  their  dis- 
tricts, consular  officers  are  required  to  report  the  fact 
to  the  Department  of  State  and  to  take  proper  measures, 
so  far  as  the  laws  of  the  country  permit,  to  save  such 
vessels  and  their  cargoes  and  to  store  and  secure  the 
property  saved.     The  consular  officer  cannot  take  pos- 

144 


OUR     CONSULAR     SERVICE 

session  of  such  property,  however,  when  the  master, 
owner  or  consignee  is  present. 

Consuls  are  expected  also  to  look  after  deserters  or 
stragglers  from  our  naval  vessels,  having  them  ar- 
rested, if  necessary,  and  returned  to  the  vessels  to  which 
they  belong,  or  to  any  other  naval  vessel  in  nearby 
waters ;  or  arranging  for  them  to  work  their  passage  on 
merchant  vessels  to  the  United  States,  or  for  steerage 
or  second  class  passage  to  a  United  States  port.  Ex- 
penses incurred  for  this  purpose  will  be  re-imbursed  by 
the  Navy  Department. 

Duties  Concerning  Immigration 

Important  duties  are  imposed  upon  consuls  in  regard 
to  immigration. 

The  immigration  laws  of  the  United  States  provide 
that  certain  classes  of  aliens  shall  be  excluded  from  ad- 
mission into  the  United  States,  and  it  is  the  duty  of 
consular  officers  to  aid  in  the  enforcement  of  these  laws 
by  endeavoring  to  prevent  the  emigration  of  such  per- 
sons from  their  consular  districts  and  by  giving  timely 
notice  to  the  Department  of  State  at  Washington  of  the 
departure  of  persons  belonging  to  the  excluded  classes. 

The  excluded  classes  are  Chinese  laborers ;  idiots  and 
insane  and  feeble  minded  persons ;  paupers,  professional 
beggars,  persons  likely  to  become  a  public  charge,  per- 
sons afflicted  with  a  loathsome  or  dangerous  conta- 
gious disease;  persons  who  have  been  convicted  of  or 
who  admit  having  committed  a  felony,  polygamists. 
For.  Serv.^io  14  c 


OUR     FOREIGN     SERVICE 

anarchists,  prostitutes,  contract  laborers,  persons  whose 
passage  is  paid  for  with  the  money  of  another,  etc. 

Chinese  Exclusion 

Under  the  Chinese  exclusion  laws  every  Chinese  per- 
son, other  than  a  laborer,  who  may  be  entitled  to  come 
to  the  United  States,   in  order  to  secure  admission, 
must  obtain  the  permission  of  and  be  identified    as  so 
entitled  by  the  Chinese  government  or  other  foreign 
government  of  which  he  is  a  subject,  to  be  evidenced 
by  a  certificate  issued  by  such  government,  which  shall 
show  the  permission  and  that  he  is  entitled  to  come  to 
the  United  States.    The  law  requires  that  the  certificate 
and  identity  of  the  person  named  therein  shall,  before 
he  goes  on  board  a  vessel  to  proceed  to  the  United 
States,  be  vised  by  the  indorsement  of  the  diplomatic 
representative   of   the   United    States   in   the   foreign 
country,  or  of  the  consular  representative  at  the  port 
of  departure,  and  it  is  the  duty  of  such  representative 
before  endorsing  the  certificate,  to  examine  into  the 
truth  of  the  statements  set  forth  therein,  and  if  he  finds 
that  any  of  the  statements  are  untrue,  it  is  his  duty  to 
refuse  to  indorse  the  same. 

Citizenship 

Questions  relating  to  citizenship  are  important  and 
arise  very  frequently  in  the  work  of  consular  officers. 
A  synopsis  of  the  laws  of  the  United  States  relating 
to  citizenship  is  given  on  pp.  i8i  ef  seq. 

146 


OUR     CONSULAR     SERVICE 


Protectian  of  American  Citizens 

It  is  the  duty  of  consular  officers  to  endeavor  to 
maintain  and  promote  the  rightful  interests  of  Ameri- 
can citizens  and  to  protect  them  in  all  privileges  pro- 
vided for  by  treaty  or  to  which  they  are  entitled  under 
the  law  of  nations.  If  representations  are  made  to  the 
local  authorities  and  fail  to  secure  the  proper  redress, 
the  consul  should  report  the  case  to  the  diplomatic 
representative  of  the  country  and  to  the  Department. 

Registration  of  American  Citizens 

Principal  consular  officers  are  required  to  keep  at 
their  offices  a  Register  of  American  citizens  residing 
in  their  districts,  and  to  make  it  known  that  such  a 
Register  is  kept  and  invite  all  resident  Americans  to 
cause  their  names  to  be  entered  therein.  The  same 
principles  govern  applications  for  registry  which  gov- 
ern applications  for  passports. 

Consuls  are  authorized  to  issue  certificates  of  regis- 
tration for  use  with  the  authorities  of  the  place  where 
the  person  registered  is  residing.  Returns  of  regis- 
tration made  and  of  certificates  issued,  must  be  made 
to  the  Embassy  or  Legation  in  the  country  in  which 
the  consulate  is  situated  and  to  the  Secretary  of  State. 

The  Act  of  March  2,  1907,  provides  that  children 
born  abroad  to  an  American  father,  in  order  to  receive 
the  protection  of  the  United  States,  must  register  in 

147 


OUR     FOREIGN     SERVICE 

an  American  Consulate  when  eighteen  years  of  age 
and  at  the  same  time  declare  their  intention  to  become 
residents  and  remain  citizens;  and  upon  reaching  ma- 
jority they  are  further  required  to  take  the  oath  of 
allegiance  to  the  United  States. 

The  same  law,  which  expressly  declares  that  an 
American  woman  who  marries  a  foreigner  shall  take 
the  nationality  of  her  husband,  also  provides  that  at 
the  termination  of  the  marital  relation  she  may  resume 
her  American  citizenship,  if  abroad,  by  registering  as 
an  American  citizen  within  one  year  with  a  consul  of 
the  United  States. 

Report    of    Naturalization    of    American    Citizens 

Abroad 

Whenever  a  diplomatic  or  consular  officer  learns  that 
an  American  citizen  has  secured  naturalization  or  has 
taken  an  oath  of  allegiance  in  a  foreign  state,  he  should 
certify  to  the  fact  under  his  seal  and  transmit  the  cer- 
tification to  the  Department  of  State. 

Reports  of  Fraudulent  Naturalization 

Under  the  provisions  of  the  Act  of  June  29,  1906, 
when  an  alien  who  has  secured  naturalization  in  the 
United  States  proceeds  abroad  and  takes  up  his  per- 
manent residence  in  any  foreign  country  within  five 
years  after  the  date  of  his  naturalization,  it  shall  be 
deemed  prima  facie  evidence  that  he  did  not  intend  in 

148 


OUR     CONSULAR     SERVICE 

good  faith  to  become  a  citizen  of  the  United  States 
when  he  applied  for  naturahzation,  and  in  the  absence 
of  countervaihng  evidence  it  is  sufficient  in  the  proper 
proceeding  to  authorize  the  cancelation  of  his  certifi- 
cate as  fraudulent. 

Diplomatic  and  consular  officers  are  required  to  fur- 
nish the  Department  of  State,  to  be  transmitted  to  the 
Department  of  Justice,  the  names  of  those  within  their 
jurisdictions,  respectively,  who  are  subject  to  the  pro- 
visions of  the  requirement  referred  to,  and  such  state- 
ments under  their  official  seals,  are  admissible  in  evi- 
dence in  all  courts  to  cancel  certificates  of  naturaliza- 
tion. 

The  officer  is  required  to  state :  First,  that  the  per- 
son is  a  permanent  resident  in  a  foreign  country ;  and, 
second,  that  the  permanent  residence  was  taken  up 
within  five  years  after  naturalization  was  conferred ; 
and  to  certify  to  the  facts  and  to  the  means  of  his 
knowledge. 

Passports 

Under  the  existing  regulations,  passports  must  be 
obtained  from  the  Department  of  State  if  the  appli- 
cant has  time  to  apply  there.  But  certain  consular  of- 
ficers are  authorized  to  issue  emergency  passports  in 
cases  where  inconvenience  or  hardship  would  result  to 
a  person  entitled  to  receive  a  passport  unless  he  re- 
ceived it  at  once.  Such  passports  are  good  for  a  period 
not  to  exceed  six  months  and  are  to  be  used  only  for 
a  purpose  to  be  stated  in  the  passport.    Consuls  at  the 

149 


OUR     FOREIGN     SERVICE 

following  places  are  authorized  to  issue  emergency 
passports  : — Adis  Ababa,  Barbados,  Calcutta,  Colombo, 
Curacao,  Kingston  (Jamaica),  Nassau,  St.  Michael's, 
Seoul,  Sierra  Leone,  Singapore,  Tahiti  and  Tamatave. 

A  consul  in  a  country  where  there  is  a  diplomatic 
representative  of  the  United  States  may  issue  passports 
during  the  temporary  absence  of  the  diplomatic  repre- 
sentative. 

All  consular  officers  may  receive  applications  for  the 
issuance  of  passports.  Each  such  application  must  be 
forwarded  by  the  consular  officer  to  the  Department 
with  the  evidence  of  the  right  to  secure  the  passport. 

Principal  consular  officers  are  also  authorized  to  ex- 
tend for  a  period  of  two  years  passports  issued  by  the 
Department  which  are  about  to  expire,  presented  to 
them  for  extension.  The  consul  is  required  to  give 
immediate  notice  to  the  Department  of  such  extension. 

For  Rules  governing  the  issuance  of  Passports,  see 
p.  i8i. 

Extradition 

It  is  sometimes  the  duty  of  consular  officers  to  make 
formal  requisitions  for  the  extradition  of  fugitives 
from  the  United  States.  The  matter  is  regulated  by 
treaties  which  usually  provide  that  requisitions  shall 
be  made  by  the  diplomatic  representative  of  the  de- 
manding government,  or  in  the  absence  of  such  repre- 
sentative by  the  "superior  consular  officer." 

Occasionally,  consuls  are  requested  by  the  police  au- 
thorities of  cities  in  the  United  States  to  secure  the 

150 


OUR     CONSULAR     SERVICE 

apprehension  of  fugitive  criminals,  but  as  extradition 
is  a  national  matter  and,  so  far  as  the  United  States 
is  concerned,  governed  entirely  by  treaty,  a  request  for 
arrest  or  surrender  can  properly  be  made  only  through 
the  diplomatic  channel ;  and  in  the  absence  of  instruc- 
tions from  the  Department  of  State  a  consular  officer 
is  not  authorized  to  intervene  in  extradition  matters, 
nor  ask  for  the  arrest  and  detention  of  a  fugitive. 

Our  law  (Act  of  Aug.  3,  1882)  provides  that  docu- 
mentary evidence  offered  by  foreign  governments  in 
support  of  requisitions  for  the  extradition  of  criminals 
from  the  United  States,  if  properly  and  legally  authen- 
ticated so  as  to  entitle  it  to  be  received  for  similar 
purposes  by  the  tribunals  of  the  foreign  country,  shall 
be  received  and  admitted  as  evidence  on  the  hearing 
in  the  United  States  for  all  the  purposes  of  such  hear- 
ing, and  that  the  certificate  of  the  principal  diplomatic 
or  consular  officer  of  the  United  States  resident  in  such 
country  shall  be  proof  that  any  deposition,  warrant  or 
other  paper,  or  copies  thereof,  so  offered  are  authenti- 
cated in  the  manner  required  by  the  law. 

A  form  of  consular  certificate  which  has  been  tested 
and  found  to  be  legally  sufficient,  is  printed  in  the  ap- 
pendix, at  p.  283. 

Marriages 

While  consular  officers  are  prohibited  from  solem- 
nizing marriages  in  any  case,  they  may,  when  requested, 
act  as  official  witnesses  of  the  ceremony  of  marriage 
where  one  of  the  contracting  parties  is  a  citizen  of  the 

151 


OUR     FOREIGN     SERVICE 

United  States.  Where  a  marriage  is  celebrated  in  the 
presence  of  a  consular  officer,  he  is  required  to  give 
to  each  of  the  parties  a  certificate  of  such  marriage 
under  the  official  seal  of  the  consulate,  and  to  send  one 
to  the  Department  of  State. 

Estates  of  American  Citizens  Dying  Abroad 

When  an  American  citizen  dies  in  a  foreign  counti-y 
leaving  personal  property  and  no  legal  representative 
there,  it  is  the  duty  of  the  consular  officer,  where  the 
laws  of  the  country  permit,  to  take  possession  and  act 
as  provisional  administrator  of  the  property;  to  inven- 
tory the  property  with  the  assistance  of  two  merchants ; 
to  collect  the  debts  due  the  deceased  there  and  pay  the 
debts  due  from  the  estate ;  to  sell  at  auction  the  perish- 
able assets,  and  such  further  part  as  may  be  necessary 
for  the  payment  of  debts,  and  after  one  year  the  resi- 
due; and  to  transmit  the  balance  of  the  estate  to  the 
Treasury  of  the  United  States,  to  be  held  in  trust  for 
the  legal  claimant;  provided,  that  if  at  any  time  before 
such  transmission,  the  legal  representative  of  the  de- 
ceased shall  demand  the  property  it  shall  be  delivered 
up  upon  payment  of  the  consular  fees. 

When  an  American  citizen  dying  abroad  leaves  a 
will  giving  special  directions  for  the  custody  and  man- 
agement by  the  consular  officer  of  the  personal  property 
of  which  he  dies  possessed  in  the  foreign  country,  the 
consular  officer  shall,  so  far  as  the  laws  of  the  country- 
permit,  strictly  observe  such  directions, 

152 


OUR     CONSULAR     SERVICE 

Where  the  decedent  leaves  a  will  intended  to  operate 
in  the  United  States  it  is  the  duty  of  the  consular  of- 
ficer in  the  absence  of  adult  heirs  in  the  foreign  coun- 
try, to  see  to  the  safe  keeping  of  the  will  and  its  trans- 
mission to  the  parties  in  interest. 

By  treaty  with  several  countries  it  is  made  the  duty 
of  the  local  authorities  to  advise  the  consular  officer  of 
the  death  of  a  citizen  of  the  United  States,  in  order  that 
the  necessary  information  may  immediately  be  given  to 
the  parties  interested.  In  some  countries  the  consular 
officer  may  appear  in  person  or  by  delegate  in  all  pro- 
ceedings in  behalf  of  the  absent  or  minor  heirs  or  cred- 
itors, and  in  others  he  may  intervene  in  the  possession, 
administration  and  judicial  liquidation  of  the  estate, 
conformably  to  the  laws  of  the  country.  In  some 
countries  he  may  nominate  a  curator  to  take  charge  of 
the  property  for  the  benefit  of  the  lawful  heirs  and 
creditors.  The  particular  treaty  provision  should  be 
consulted  in  each  case. 

Consular  officers  are  forbidden  to  accept  an  appoint- 
ment from  any  foreign  state  as  administrator,  guardian, 
or  in  any  other  fiduciary  capacity,  for  the  settlement  or 
conservation  of  the  estates  of  deceased  persons,  etc., 
without  having  been  previously  authorized  by  the  Sec- 
retary of  State  so  to  do. 

The  law  also  provides  that  a  consular  officer,  who 
accepts  any  appointment  to  any  such  office  of  trust 
without  executing  a  bond,  with  sureties  to  be  approved 
by  the  Secretary  of  State,  conditioned  for  the  true  and 

153 


OUR     FOREIGN     SERVICE 

faithful  performance  of  his  duties  according  to  law, 
and  for  the  true  and  faithful  accounting  for  and  pay- 
ing over  to  the  persons  thereto  entitled  of  all  moneys, 
and  other  property  coming  into  his  hands  or  the  hands 
of  any  other  person  to  his  use,  as  such  administrator, 
guardian,  or  in  other  fiduciary  capacity,  or  shall  will- 
fully fail  to  account  for,  pay  over,  and  deliver  any 
money  or  property  so  received  to  any  person  lawfully 
entitled  thereto,  after  having  been  requested  by  the 
latter,  his  representative  or  agent  so  to  do,  shall  be 
deemed  guilty  of  embezzlement. 

Notarial  Services 

Consular  officers  are  frequently  called  upon  to  ad- 
minister oaths  and  to  perform  other  notarial  services. 
These  services  cover  even  a  wider  range  than  those 
performed  by  notaries  in  the  United  States,  among 
them  being  the  following :  administering  oaths  and  cer- 
tificates thereto,  acknowledgments  of  deeds,  powers  of 
attorney,  etc.,  certifying  to  official  character  of  for- 
eign notary  or  other  official,  taking  depositions,  execut- 
ing commissions  or  letters  rogatory,  etc. 

Until  the  passage  of  the  Act  of  April  5.  1906,  the 
performance  of  such  services  by  consular  offxers  was 
optional,  and  when  performed,  the  officer  was  entitled 
to  retain  the  fees  prescribed  therefor.  But  that  law 
requires  consular  officers  whenever  applications  are 
made  to  them  therefor  within  the  limits  of  their  dis- 
tricts, to  administer  to  or  take  from  any  person,  any 

154 


OUR     CONSULAR     SERVICE 

oath,  affirmation,  affidavit  or  deposition,  and  to  per- 
form any  other  notarial  act  which  any  notary  public 
is  required  or  authorized  by  law  to  do  within  the  United 
States.  And  they  are  required  to  charge  for  every 
such  notarial  act  performed  the  appropriate  fee  pre- 
scribed by  the  President,  which  is  made  official  and 
must  be  accounted  for  and  paid  into  the  Treasury  of 
the  United  States. 

Consuls  are  sometimes  appointed  by  courts  in  the 
United  States  as  commissioners  to  take  testimony  for 
the  use  of  those  courts.  The  witnesses  appear  before 
the  consul,  who  administers  the  oath  to  them,  pro- 
pounds the  questions  and  records  their  answers.  The 
consul  in  such  cases  acts  both  in  his  official  capacity 
and  as  an  officer  of  the  court  issuing  the  commission. 
His  charges  for  such  services  are  official,  as  prescribed 
in  the  tariff,  and  must  be  accounted  for  like  all  other 
notarial  fees. 

Performance  of  Legal  Services  by  Consuls 

It  was  formerly  the  practice  of  some  consular  officers 
to  draw  legal  documents,  such  as  deeds,  wills,  powers 
of  attorney,  etc.,  to  examine  titles  and  perform  other 
similar  services  in  foreign  countries,  and  to  charge 
personal  fees  therefor.  The  law  of  April,  1906,  re- 
organizing the  consular  service,  however,  prohibits 
consular  officers  who  receive  salaries  of  more  than 
$1,000  from  engaging  in  business  in  the  foreign  coun- 

155 


OUR     FOREIGN     SERVICE 

try,  practising  as  a  lawyer  for  compensation,  or  being 
interested  in  the  fees  or  compensation  of  any  lawyer. 

Consular  officers  are,  therefore,  required  to  decline 
to  perform  legal  services  except  in  cases  where  abso- 
lutely necessary  by  reason  of  the  absence  of  any  other 
lawyer  available,  or  where  delay  would  work  hardship 
upon  an  American  citizen;  and  in  such  cases  they  are 
instructed  to  inform  the  interested  persons  that  the 
services  are  performed  at  their  risk  and  that  the  gov- 
ernment assumes  no  responsibility  therefor.  And  no 
fee  whatsoever  is  to  be  charged  for  such  services. 

Consular  Courts 

In  addition  to  the  numerous  other  duties  imposed 
upon  them,  consuls  in  certain  Oriental  countries  in 
which  the  United  States  has  extraterritorial  privileges, 
are  clothed  with  judicial  powers  and  preside  over  Con- 
sular Courts. 

By  virtue  of  treaty  stipulations  and  the  laws  of  the 
United  States,  our  Ministers  and  Consuls  in  Borneo, 
China,  Korea,  Morocco,  Persia,  Siam,  Tripoli  and 
Turkey,  exercise  jurisdiction  over  citizens  of  the 
United  States  in  both  criminal  and  civil  matters.  In 
criminal  matters  the  authority  extends  to  the  trial  and 
punishment  of  offenses  committed  by  citizens  of  the 
United  States  in  the  foreign  country;  in  civil  matters, 
to  all  controversies  between  citizens  of  the  United 
States,  or  others,  so  far  as  the  treaties  provide. 

And  our  consular  officers  in  countries  not  inhabited 

156 


OUR     CONSULAR     SERVICE 

by  any  civilized  people,  or  recognized  by  any  treaty 
with  the  United  States,  are  given  power  by  our  law  to 
hear  and  determine  civil  cases  where  the  debt  or  dam- 
ages do  not  exceed  $i,ooo  exclusive  of  costs,  and  to 
try  and  punish  offenders  where  the  fine  does  not  exceed 
$  I  GO  or  the  imprisonment  sixty  days. 

Candidates  for  appointment  as  consuls  in  these  coun- 
tries are  required  to  pass  a  supplementary  examination 
in  the  principles  of  the  Common  law,  the  rules  of  evi- 
dence and  the  trial  of  civil  and  criminal  cases. 

In  time  of  war  it  is  the  duty  of  consuls  to  report 
movements  of  war  vessels  and  armies,  and,  so  far  as 
the  laws  of  the  foreign  country,  the  rules  of  internation- 
al law  and  existing  treaty  stipulations  permit,  to  pro- 
tect our  commercial  and  naval  interests. 

Extension  of  Trade 

But  by  far  the  most  important  function  of  our  con- 
suls at  the  present  time  is  the  promotion  of  our  foreign 
trade.  This  branch  of  the  work  has  been  so  greatly 
developed  that  our  consular  service  to-day  constitutes 
a  vast  reporting  system  covering  the  entire  world,  with 
a  central  bureau  of  information  at  Washington.  The 
consuls  are  the  newsgatherers  and  reporters,  ever  on 
the  lookout  for  information  of  interest  to  the  American 
business  public.  The  editors  and  publishers  are  the 
Departments  of  State  and  Commerce  and  Labor.  There 
is  an  annual,  a  monthly,  and  a  daily  official  organ, — 

157 


OUR     FOREIGN     SERVICE, 

the  "Commercial  Relations,"  "Monthly  Consular  Re- 
ports," and  the  "Daily  Consular  and  Trade  Reports ;" 
and  all  who  are  interested  in  the  extension  of  American 
commerce  are  or  may  become  subscribers. 

Following  the  example  of  France  and  England,  the 
United  States  at  an  early  period  in  our  history  en- 
couraged our  consuls  to  report  on  matters  of  commer- 
cial interest.  The  primary  object  of  these  reports  was 
the  protection  of  our  customs,  however.  Our  people 
were,  up  to  a  very  recent  date,  so  engrossed  in  the 
development  of  our  natural  resources  and  in  supplying 
the  demands  of  our  own  domestic  markets,  that  little 
thought  was  given  to  the  possibilities  of  foreign  com- 
merce. It  was  only  when  local  conditions  made  it 
impossible  to  dispose  of  our  manufactures  at  home  that 
manufacturers  began  to  look  to  foreign  markets  for 
an  outlet  for  their  surplus  products. 

There  was  no  systematic  attempt  to  make  the  re- 
ports of  our  consuls  available  to  increase  our  export 
trade  until  1856,  when  provision  was  made  by  law  for 
the  annual  publication  of  commercial  reports.  This 
has  been  continued  ever  since,  the  present  name  of  the 
publication  being  "Commercial  Relations  of  the  United 
States."  This  embodies  the  annual  reports  which  con- 
suls are  required  to  make  on  the  industries  and  com- 
merce of  their  respective  districts  together  with  a  "Re- 
view of  the  World's  Commerce,"  detailing  the  commer- 
cial and  industrial  activities  of  the  world  during  the 
year. 

In  1880,  Secretary  Evarts  inaugurated  the  publica- 

158 


OUR     CONSULAR     SERVICE 

tion  of  a  monthly  periodical,  under  the  title  of  "Month- 
ly Consular  Reports,"  which  embraces  reports  of  our 
consuls  on  subjects  calculated  to  advance  the  commer- 
cial and  industrial  interests  of  the  United  States.  This 
is  still  published. 

From  time  to  time  another  publication,  known  as 
"Special  Consular  Reports,"  has  been  issued,  covering 
reports  from  consuls  on  special  conditions  in  foreign 
countries. 

In  1898  Secretary  Sherman,  at  the  suggestion  of  Mr. 
Frederic  Emory,  the  capable  Chief  of  the  Bureau  of 
Foreign  Commerce  of  the  Department  of  State,  inaugu- 
rated the  daily  publication  of  reports  from  consuls  on 
matters  of  immediate  interest,  under  the  title  of  "Ad- 
vance Sheets  of  Consular  Reports."  Copies  of  this 
publication  were  furnished  to  the  press,  boards  of  trade 
and  other  commercial  organizations,  with  a  view  to  the 
widest  dissemination  of  the  information  secured,  with 
the  least  possible  delay.  This  was  an  innovation  in  the 
system  of  publishing  consular  reports  which  placed  the 
United  States  in  advance  of  all  other  countries.  It  has 
proved  of  the  greatest  practical  value  to  our  commerce 
and  has  received  almost  universal  commendation. 

When  the  Department  of  Commerce  and  Labor  was 
established,  (Act  of  Feb.  15,  1903),  the  Bureau  of  For- 
eign Commerce  of  the  Department  of  State,  which  had 
charge  of  the  compilation  and  publication  of  Consular 
Reports,  was  consolidated  with  the  Bureau  of  Statistics 
and  transferred  to  the  Bureau  of  Manufactures  of  the 
Department  of  Commerce  and  Labor.    The  law  makes 

159 


OUR     FOREIGN     SERVICE 

it  the  duty  of  the  Bureau  of  Manufactures,  under  the 
direction  of  the  Secretary  of  Commerce  and  Labor,  to 
promote  and  develop  the  various  manufacturing  indus- 
tries of  the  United  States  and  markets  therefor  at  home 
and  abroad,  by  gathering,  compiHng,  pubhshing  and 
supplying  all  available  information  concerning  such  in- 
dustries and  markets.  The  law  requires  consular  of- 
ficers, under  the  direction  of  the  Secretary  of  State,  to 
gather  and  compile  from  time  to  time,  and  transmit 
through  the  Secretary  of  State  to  the  Secretary  of  Com- 
merce and  Labor,  reports  of  useful  and  material  infor- 
mation and  statistics. 

A  bureau  known  as  the  Bureau  of  Trade  Relations 
was  created  in  the  Department  of  State,  the  function  of 
which  is  to  formulate  for  the  instruction  of  consular 
officers  the  requests  of  the  Secretary  of  Commerce  and 
Labor,  and  to  revise  and  transmit  to  the  Secretary  of 
Commerce  and  Labor  the  reports  of  consuls  pertaining 
to  the  work  of  that  Department, 

All  of  the  publications  of  Consular  Reports,  daily, 
monthly  and  annual,  are  now  issued  by  the  Bureau  of 
Manufactures  of  the  Department  of  Commerce  and 
Labor. 

The  title  of  the  daily  publication  is  "Daily  Consular 
and  Trade  Reports."  It  has  a  free  circulation  of  about 
10,000  copies.  The  original  plan  has  been  developed 
and  various  new  and  useful  features  have  been  added. 
Copies  of  the  Daily  Consular  and  Trade  Reports  are 
sent  regularly  to  all  consuls.  As  only  matter  deemed  of 
substantial  value  to  American  manufacturers  and  ex- 

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OUR     CONSULAR     SliRVICE 

porters  is  admitted  to  its  columns,  it  serves  as  a  model 
and  guide  to  consuls  in  preparing  reports.  It  also  keeps 
them  fully  informed  of  what  transpires  in  the  commer- 
cial world  and  gives  them  the  benefit  of  original 
methods  and  improvements  in  consular  work  adopted 
by  any  of  their  colleagues  to  develop  our  foreign  com- 
merce. 

General  instructions  as  to  the  selection  of  subjects 
and  material  for  trade  reports  are  formulated  by  the 
Department  from  time  to  time.  Special  emphasis  is 
placed  upon  the  following : 

( I.)  The  best  means  for  the  enlargement  of  Ameri- 
can trade  with  foreign  countries,  especially  of  American 
products  and  manufactures.  (2.)  The  application  of 
new  processes  of  an  industrial  character  which  may 
either  open  up  a  new  channel  of  supply  from  this  coun- 
try or  suggest  to  our  manufacturers  improvements  in 
their  own  processes  or  the  creation  of  new  industries. 
(3.)  Defects  in  and  proper  methods  of  packing  Ameri- 
can goods  and  of  the  conditions  of  transportation,  ex- 
change, banking,  etc.,  with  the  United  States,  and  any 
disadvantage  under  which  we  labor  from  the  fact  that 
European  houses  give  longer  credits  and  more  liberal 
terms  of  payment,  and  manufacture  certain  patterns 
and  qualities  of  goods,  or  prepare  them  in  attractive 
shape  to  meet  local  peculiarities  and  customs. 

Other  subjects  of  importance  are — changes  in  cur- 
rency values,  freight  and  tariff  rates,  customs  rules, 
port  regulations,  wharfage  dues,  rates  of  licenses,  es- 
pecially those  relating  to  commercial  travelers ;  harbor 
For.  Serv. — 11  1 61 


OUR     FOREIGN     SERVICE 

improvements;  extension  of  telegraph  cable  service; 
condition  of  merchant  marine ;  quarantine  regulations ; 
laws  or  regulations  of  a  discriminating  character  affect- 
ing American  vessels  or  merchandise;  laws  requiring 
goods  to  be  marked  so  as  to  show  the  country  of  origin 
or  manufacture;  changes  in  patent,  copyright  and 
trade-mark  laws;  postal  rates;  agricultural  and  min- 
eral development ;  labor  conditions,  and  emigration. 

To  carry  out  the  instructions  of  his  government,  a 
consul  must  keep  pace  with  the  state  and  progress  of 
industry  and  commerce,  and  report  on  all  important  in- 
ventions and  discoveries,  especially  improvements  in 
manufactures  and  agriculture,  and  furnish  such  infor- 
mation as  may  be  useful  to  American  trade  interests. 

It  is  impossible  to  frame  instructions  to  meet  all 
conditions  and  emergencies,  and  the  Department  relies 
upon  the  intelligence,  industry  and  resourcefulness  of 
consuls  rather  than  upon  specific  instructions,  for  the 
desired  end,  which  is  the  securing  of  information  of 
practical  value  in  extending  American  trade. 

In  his  efforts  to  find  new  markets  the  consular  officer 
has  ample  scope  for  the  exercise  of  ingenuity  and  en- 
terprise. It  has  been  said  by  Europeans  that  the  dis- 
tinguishing excellence  of  the  American  consul  is  his 
ability  to  take  the  initiative.  The  wide-awake  consul 
will  take  advantage  of  any  occasion  which  may  arise 
presenting  peculiar  opportunities  for  increasing  our 
export  trade.  A  shortage  of  crops  in  his  consular  dis- 
trict may  create  a  special  demand  for  foodstuffs.  An 
earthquake  or  fire  may  suddenly  open  up  a  market  for 

162 


OUR     CONSULAR     SERVICE 

lumber  and  other  building  material.  A  timely  report 
by  the  consul  and  its  prompt  publication  and  distribu- 
tion among  the  interests  concerned  may  result  in  sub- 
stantial sales  of  American  goods. 

"Foreign  Trade  Opportunities" 

Whenever  opportunities  occur  in  their  districts  for 
obtaining  contracts  for  the  construction  of  buildings, 
railways,  wharves,  telegraph  lines,  etc.,  or  for  supply- 
ing materials  therefor,  consuls  are  required  to  report 
them  promptly  to  the  Department,  and  the  information 
is  published  for  the  benefit  of  American  manufacturers. 
Where  it  appears  that  contracts  for  the  construction  of 
public  works  are  likely  to  be  let  without  opportunity 
being  given  American  contractors,  builders  and  mate- 
rial-men to  tender  bids,  consuls  should  interest  them- 
selves in  the  matter.  By  the  exercise  of  tact  and  judi- 
cious action  with  the  local  authorities  it  is  frequently 
possible  to  secure  for  their  countrymen  an  opportunity 
to  compete  for  contracts  on  equal  terms  with  others. 

There  is  a  department  in  the  Daily  Consular  and 
Trade  Reports  entitled  "Foreign  Trade  Opportunities," 
to  which  consuls  are  requested  to  contribute,  which  has 
proven  of  great  service  to  American  exporters.  When- 
ever a  consul  learns  that  a  merchant  or  importer  in 
his  district  wishes  information  concerning  American 
goods,  the  consul  is  expected  to  report  this  fact  to  the 
Department,  whereupon  it  will  be  published,  under  the 
foregoing  head,  in  the  Daily  Consular  and  Trade  Re- 

163 


OUR     FOREIGN     SERVICE 

ports.  Neither  the  name  nor  address  of  the  foreign 
inquirer  is  published,  however,  as  the  object  is  to  re- 
serve the  opportunity  to  American  manufacturers  or 
producers,  but  these  are  suppHed  upon  application  to 
the  Bureau  of  Manufactures  by  American  manufac- 
turers who  see  the  notice  and  desire  to  take  up  the  mat- 
ter. The  following  examples  of  this  kind  of  consular 
work  are  taken  from  recent  issues  of  the  Daily  Con- 
sular and  Trade  Reports : 

No.  2547.  Souvenir  button  machines. — A  letter  has  been  re- 
ceived by  the  Bureau  of  Manufactures  in  which  the  names  of  mak- 
ers of  hand  machines  for  making  souvenir  buttons  are  asked  for. 

No.  2548.  American  breeding  cattle  and  horses. — An  American 
consular  officer  reports  that  a  business  man  has  written  to  him 
that  it  is  his  intention  to  import  American  breeding  cattle  and 
horses  into  one  of  the  Latin  American  countries,  and  he  desires 
that  breeders  communicate  with  him. 

No.  2553.  Smelter  furnace.— Ont  of  the  American  consuls  in 
Latin  America  reports  that  the  smelter  plant  of  a  mining  company 
there  is  to  be  enlarged  by  the  addition  of  another  furnace  for 
treating  silver-lead  ores  and  forwards  the  name  of  the  officials 
who  should  be  addressed  in  regard  to  additional  equipment. 

No.  2559.  Dry  dock.— Bids  will  be  received  until  October  15, 
1908,  by  the  Ministero  della  Marina,  Rome,  Italy,  for  the  construc- 
tion of  a  new  dry  dock  and  dockyard  extensions  at  the  Venice 
Arsenal. 

A  feature  of  great  practical  importance  to  American 
manufacturers  and  exporters,  which  is  now  being  de- 
veloped by  the  Bureau  of  Manufactures,  is  a  business 
directory  designed  to  cover  the  world.     Consuls  have 

164 


OUR     CONSULAR     SERVICE 

been  directed  to  prepare  and  forward  systematic  lists 
of  merchants  and  importers  in  their  districts  who 
handle  or  may  be  induced  to  handle  American  goods. 
This  information  will  enable  the  Bureau  of  Manufac- 
tures to  furnish  American  manufacturers  and  exporters 
the  names  of  firms  in  foreign  countries  dealing  in  the 
particular  classes  of  goods  they  are  interested  in.  The 
importance  and  possibilities  of  such  a  system  can  be 
readily  appreciated. 

Commercial    Reading    Rooms    and     Information 

Bureaus 

Another  effective  means  of  exploiting  American 
goods,  which  has  been  devised  and  carried  into  execu- 
tion by  a  few  of  our  consuls,  is  the  "commercial  reading 
room"  or  "information  bureau." 

A  reading  room  is  fitted  up  in  the  consulate  where 
American  trade  journals,  newspapers,  magazines,  trade 
directories,  and  catalogues  of  American  manufacturers 
are  kept  regularly  on  file.  Local  merchants  and  buyers 
are  invited  to  visit  the  consulates  and  avail  themselves 
of  the  facilities  afforded  for  learning  about  American 
goods.  These  commercial  intelligence  departments  be- 
come very  popular  and  the  result  is  to  materially 
increase  our  export  trade. 

Some  of  the  consuls  keep  systematically  classified 
card  indexes  of  American  manufacturers,  price  lists, 
discount  sheets,  etc.,  and  samples  of  American  goods. 

165 


OUR     FOREIGN     SERVICE 

It  is  impracticable  to  keep  any  but  small  samples,  how- 
ever. 

While  no  funds  are  appropriated  by  our  government 
for  these  purposes,  the  Department  encourages  all  such 
efforts  of  consuls  to  increase  American  trade.  Manu- 
facturers gladly  send  catalogues.  A  number  of  trade 
journals  can  be  obtained  regularly  without  cost;  and  by 
the  exercise  of  tact  the  consul  can  secure  complimentary 
copies  of  many  other  publications.  Doubtless  the  gov- 
ernment will  in  time  appropriate  regularly  for  this 
purpose. 

The  writer's  personal  experience  in  establishing  and 
maintaining  a  commercial  reading  room*  in  a  city  of 
60,000  inhabitants,  was  that  much  practical  good  was 
accomplished.  The  plan  was  so  developed  that  there 
were  regularly  on  file  in  the  room  80  different  American 
trade  journals,  magazines  and  newspapers,  together 
with  trade  directories  and  thousands  of  catalogues  of 

*The  following  is  a  list  of  the  publications  kept  on  file :  Amer- 
ican Druggist,  American  Economist,  American  Exporter,  Ameri- 
can Grocer,  American  Hatter,  American  Hay,  Flour  and  Feed 
Journal,  American  Industries,  American  Machinist,  American 
Made  Goods,  American  Sugar  Industry,  American  Vehicle,  Archi- 
tectural Record,  Arena,  Automobile,  Bakers'  Review,  Boston 
News  Bureau,  Bradstreet's,  Bulletin  of  American  Republics,  Buy- 
ers' Index,  Buyers'  Register,  Boot  and  Shoe  Recorder,  Case  and  * 
Comment,  Cement  Era,  Collier's,  Commercial  America,  Current 
Literature,  Cumberland  Telephone  Journal,  Consular  Reports, 
(Monthly  and  Daily),  Delineator,  Dun's  Review,  Eastern  Drug 
Market,  El  Commercio,  Electrical  Review,  Electrical  World,  En- 
gineering News,  Engineering  Record,  Exporters  and  Importers 
Journal,  Exporters  Review,  Far  Eastern  Review,  Federal  Report- 
er, Fruit  Trade  Journal,  Gas  Power,  Hardware  Dealers'  Maga- 

166 


OUR     CONSULAR     SERVICE 

American  manufacturers.  The  place  soon  became 
known  as  an  American  Information  Bureau  and  it  was 
daily  visited  by  local  merchants  and  buyers  in  quest  of 
information  concerning  American  goods.  When  the 
city  desired  to  construct  an  opera  house,  the  city  archi- 
tect came  to  the  consul  to  consult  and  asked  to  have 
estimates  and  rough  plans  submitted ;  and  in  this  and 
many  other  matters,  the  consul  was  enabled,  through 
the  medium  of  the  Daily  Consular  and  Trade  Reports, 
to  put  American  builders,  manufacturers,  etc.,  in  the 
way  to  get  foreign  business. 

The  German  Government  has  a  feature  of  commer- 
cial intelligence  work  that  might  be  adopted  with  profit 
by  our  own  government,  viz.,  the  distribution  of  con- 
fidential communications  from  German  consular  officers 
relative  to  trade  opportunities,  to  Chambers  of  Com- 


zine,  Harness,  Harness  World,  Glass  and  Pottery  World,  Imple- 
ment Age,  India  Rubber  World,  International  Confectioner,  In- 
ternational Marine  Engineering,  International  Trade  Bulletin, 
Knit  Goods  Review,  Louisiana  Planter,  McCall's  Magazine,  Mer- 
chant and  Manufacturer,  Mercantile  Adjuster,  Millinery  Trade 
Review,  Mining  World,  Modern  Sanitation,  Motor  Boat,  National 
Provisioner,  New  York  Produce  News,  Northwestern  Miller, 
Philippine  Agricultural  Review,  Reporter,  Scientific  American, 
Scribner's,  Sewing  Machine  Times,  Shipping  Illustrated,  Shoe 
and  Leather  Reporter.  Southern  Carbonator  and  Bottler,  Specta- 
tor, Success,  Tea  and  Coffee  Trade  Journal,  Textile  Manufac- 
turers Journal,  Town  Topics,  Trenton  Tradesman,  United  States 
Tobacco  Journal,  Worcester  Magazine,  World's  Work,  Yachting. 
New  York  Daily  Newspapers:  New  York  Herald,  New  York 
World,  New  York  American. 

167 


OUR     FOREIGN     SERVICE 

merce  in  Germany,  by  whom  they  are  utilized  for  the 
benefit  of  manufacturers  and  exporters. 

Consuls  can  materially  increase  their  effectiveness  by 
co-operation  with  chambers  of  commerce  and  boards 
of  trade,  from  which  suggestions  of  value  frequently 
come. 

Consular  Fees 

The  existing  law  (Act  of  April  5,  1906)  makes  the 
salary  fixed  by  law  the  sole  compensation  of  every 
consular  officer  except  consular  agents.  All  fees  and 
charges  at  consulates  are  made  official,  including  fees 
for  notarial  services,  taking  depositions,  executing 
commissions  or  letters  rogatory,  settling  estates,  re- 
ceiving or  paying  out  moneys,  caring  for  or  disposing 
of  property,  and  must  be  accounted  for  and  paid  into 
the  Treasury  of  the  United  States.  But  Consular 
Agents  are  paid  by  one-half  of  the  fees  received  in  their 
offices,  up  to  a  maximum  sum  of  one  thousand  dollars 
a  year,  the  other  half  being  accounted  for  and  paid 
into  the  Treasury  of  the  United  States. 

Tariff  of  Fees 

Sec.  1745  of  the  Revised  Statutes  of  the  United 
States  authorizes  the  President  to  prescribe  the  rates 
or  tariff  of  fees  to  be  charged  for  official  services  in  the 
business  of  the  several  legations  and  consulates ;  and 
the  Act  of  1906  includes  fees  for  the  consular  certifica- 
tion of  invoices  with  the  fees  for  official  services  for 
which  the  President  is  authorized  by  section  1745  to 
prescribe  rates  or  tariff. 

168 


OUR     CONSULAR     SERVICE 

In  pursuance  of  the  foregoing  authority,  the  Presi- 
dent has  prescribed  the  following  tariff  of  American 
consular  fees. 

TARIFF  OF  UNITED  STATES  CONSULAR  FEES 
[Revised  to  take  effect  November  i,  1906.] 

Tariff  of  fees  prescribed  by  order  of  the  President  to  be  charged 
by  consular  officers  of  the  United  States.  All  consular  charges 
must  be  in  strict  accordance  with  this  tariff,  and  be  collected  in 
gold  or  its  equivalent.  No  fee  or  compensation  will  be  collected 
for  any  service  not  covered  by  this  tariff. 

(The  fees  in  this  tariff  are  not  prescribed  for  American  vessels 
and  seamen,  because  they  are  exempted  by  law  from  the  payment 
of  consular  fees.  Consular  agents  will  make  the  fees  in  this  tariff 
the  basis  of  collection  from  the  Treasury  for  services  to  such  ves- 
sels. Foreign-built  vessels,  unregistered,  owned  by  American  citi- 
zens, are  not  exempt  from  the  payment  of  the  fees  prescribed 
herein.) 

Nature  of  service.  Fee. 

Miscellaneous  services. 

1.  Certificate  to  invoice,  including  declaration,  in  triplicate 

or  quadruplicate,  covering  either  importations  or 
transit  shipments,  including  any  additional  declaration 
or  certificate  not  otherwise  provided  for  which  is  re- 
quired by  law  or  regulations  for  use  in  connection 
with  the  entry  of  the  wares  or  the  forwarding  of  the 
same  in  bond   $2.50 

2.  Invoice  of  returned  American  goods  i  .00 

3.  Extra  certificates  or  declarations  as  above  described,  in- 

cluding immigrant's  oath  (Form  No.  128),  when  is- 
sued without  an  invoice  certificate,  each   i  .00 

4.  Certificate  to  extra  copies  of  invoices,  each i.oo 

5.  Certificate  of  disinfection,  in  triplicate  or  quadruplicate  2.50 

169 


OUR     FOREIGN     SERVICE 

6.  Landing  certificate,  including  oaths  of  master  and  mate, 

and  the  complete  execution  of  the  certificate 2.50 

7.  Sealing  cars  coming  from  Canada  or  Mexico,  for  each 

manifest  in  quadruplicate  with  the  consul's  certificate, 
including  sealing  of  each  car,  vessel,  bale,  barrel,  box, 
or  package    i  .00 

8.  Issuing  a  passport — Form  No.  9 — or  extending  a  pass- 

port        1. 00 

9.  Visaing  a  passport— Form  No.   10 1 .00 

10.  Visaing  a  Chinese  passport  or  certificate  1.00 

11.  Marriage  certificate,  in  duplicate.  Form  No.  87 1. 00 

12.  For  taking  into  possession  the  personal  estate  of  any 

citizen  who  shall  die  within  the  limits  of  a  consulate, 
inventorying,  selling,  and  finally  settling  and  prepar- 
ing or  transmitting,  according  to  law,  the  balance  due 
thereon,  $2  for  each  $100  of  value  or  fraction  there- 
of. If  part  of  such  estate  shall  be  delivered  over  be- 
fore final  settlement,  $1  for  each  $100  of  value  or 
fraction  thereof  to  be  charged  on  the  part  so  deliv- 
ered over  as  is  not  in  money,  and  $2  for  each  $100  of 
value  or  fraction  thereof  on  the  gross  amount  of  the 
residue.  If  among  the  effects  of  the  deceased  are 
found  certificates  of  foreign  stock,  loans,  or  other 
property,  $1  for  each  $100  of  value  or  fraction  there- 
of on  the  amount  thereof.  No  charge  will  be  made 
for  placing  the  official  seal  upon  the  personal  proper- 
ty or  effects  of  such  deceased  citizen,  or  for  breaking 
or  removing  the  seals. 

13.  For  each  certificate  of  protection,  semsar,  or  certificate 

of  employment  issued  at  Tangier $2.00 

Services  to  vessels  and  seamen. 

14.  Bill  of  health,  in  duplicate*   5.CX) 

15.  Supplemental  bill  of  health,  in  duplicate* 2.50 


*  Foreign  war   vessels   are   exempt   from  the  payment  of   fees   for  bills   of 
health. 


170 


OUR     CONSULAR     SERVICE 

16.  For  receiving  and  delivering  ship's  register  and  papers, 

including  consular  certificates,  as  prescribed  in  Forms 
Nos.  13  and  14,  $1  for  each  100  tons  or  fraction  there- 
of, registered  measurement  (net),  of  the  vessel  for 
which  the  service  is  performed,  if  under  1,000  tons; 
but  for  American  vessels  running  regularly  by  week- 
ly or  monthly  trips,  or  otherwise,  to  or  even  between 
foreign  ports,  this  tonnage  fee  will  not  be  charged 
for  more  than  four  trips  in  a  year;  and  tonnage  fees 
shall  not  be  exacted  for  any  vessel  touching  at  or 
near  ports  in  Canada  on  her  regular  voyage  from 
one  port  to  another  within  the  United  States,  unless 
some  official  service  required  by  law  shall  be  per- 
formed 

17.  And  for  every  additional  100  tons  net  or  fraction  there- 

of   5c 

18.  Shipping  or  discharging  seamen,  including  the  certifi- 

cates thereof  attached  to  crew  list  and  shipping  ar- 
ticles and  given  to  seamen   2. 00 

19.  Authentication  of  copies  of  protests  or  other  necessary 

documents  for  vessels  or  seamen  not  otherwise  pro- 
vided for 2 .  00 

20.  Preparation  and  acknowledgment  for  vessels  or  seamen 

of  any  oath  or  declaration  for  which  a  form  is  given 
in  the  Consular  Regulations,  or  a  similar  necessary 
service  not  otherwise  provided    for 2.00 

21.  Preparation  and  execution  for  vessels  or  seamen  of  any 

certificate  for  which  a  form  is  given  in  the  Consular 
Regulations,  or  similar  necessary  service  not  other- 
wise provided  for 2 .  00 

22.  Orders  or  letters  for  vessels  or  seamen  for  which  forms 

are  given  in  the  Consular  Regulations,  or  other  sim- 
ilar necessary  service  not  otherwise  provided  for. .. .     2.00 

23.  Recording,  when  necessary,  for  vessels  or  seamen  any 

document  covered  by  the  provisions  of  the  Consular 
Regulations,   for    every  hundred    words   or    fraction 

thereof  50 

171 


OUR     FOREIGN     SERVICE 

24.  Noting  marine  protest — Form  No.  zi  2.00 

25.  Extending  marine  protest — Form  No.  38 $3  00 

If  it  exceed  two  hundred  words,  for  every  additional 

one  hundred  words 50 

26.  Protest   of  master   against   charterers   or    freighters — 

Form  No.  39  2.00 

27.  Clearance  when  issued  by  the  consul,  as  at  free  ports. .     2.00 

28.  Attending  an  appraisement  of  vessel's  goods  or  effects, 

for  each  day's  attendance 5 .00 

29.  Attending  sale  of  vessel's  goods,  for  each  day's  attend- 

ance during  which  the  sale  continues  5.00 

30.  Attendance  at  a  shipwreck,  or  for  the  purpose  of  as- 

sisting a  ship  in  distress,  or  of  saving  wrecked  goods 
or  property,  over  and  above  traveling  expenses,  when- 
ever the  consul's  interposition  is  required  by  the  par-  | 
ties  interested,  for  each  day  5.00 

Notarial  and   other  services 

31.  Administering  an  oath  and  certificate  thereof* 2.00 

32.  Administering  oath  and  preparing  passport  application     i.oo 
ii.  Acknowledgment  of  a  deed   or  power  of  attorney,   or 

similar   service,    including   one    or   more    signatures, 

with  certificate  thereof 2.00 

34.  Administering  any  and  all  oaths  required  to  be  made 

by  pensioners  and  their  witnesses  in  the  execution  of 
their  pension  vouchers,  or  certifying  to  the  com- 
petency of  a  local  official  before  whom  the  same  were 
executed.     No  fee. 

35.  Acknowledgments  connected  with  the  transfer  of  United 

States  bonds.     No  fee. 

36.  Administering  oaths  to  or  taking  acknowledgments  of 

*E.xecutive  order  of  December  21,  1906,  prescribes  that  no  fee  shall  be 
c'harged  for  the  affidavit  of  temporary  stay  of  owner  of  sealskin  garment 
entering  the  United  States  from  Canada. 

172 


OUR     CONSULAR     SERVICE 

officials  or  employees  of  the  United  States  Govern- 
ment, in  connection  with  their  official  business  or  ac- 
counts.   No  fee. 

37.  For  rendering  notarial  services  to  officials  of  foreign 

governments  who  render  gratuitously  reciprocal  cour- 
tesies to  American  diplomatic  and  consular  officers. 
No  fee. 

38.  Certifying  to  official  character  of  a  foreign  notary  or 

other  official  $2 .  00 

39.  For  taking  depositions,  executing  commissions  or  letters 

rogatory,  where  the  record  of  testimony,  including 
caption  and  certificate,  does  not  exceed  500  words.  ..   10.00 

For  each  additional  100  words  or  fraction  thereof 50 

The  foregoing  fee  shall  cover  the  administration  of  the 
oath  and  all  services  of  the  consul  as  commissioner, 
but  shall  not  include  services  of  clerk,  stenographer 
or  typewriter,  which  shall  be  additional  at  the  rate 
prescribed  herein  for  copying. 

40.  Copies : 

For  the  first  hundred  words  or  fraction 50 

For  every  additional  hundred  words  or  less 25 

41.  Translations;  for  every  one  hundred  words  or  fraction       .50 

42.  Additional    fee   for  all    services   contemplated   by   fees 

numbered  31,  32,  33,  38,  39  when  rendered  elsewhere 
than  at  the  consular  office  at  the  request  of  the  inter- 
ested parties,  for  each  hour  or  fraction  thereof i.oo 

In  connection  with  any  service  rendered  outside  of  the 
consular  office  at  the  request  of  private  individuals, 
the  exact  amount  of  the  expenses  actually  and  neces- 
sarily incurred  by  the  person  rendering  the  service 
shall  be  collected  from  the  persons  for  whom  the 
service  is  performed  in  addition  to  the  fee  or  fees 
prescribed  therefor  and  a  note  of  the  amount  shall  be 
made  on  the  margin  of  the  fee  book  and  fee  return 
opposite  the  entry  of  the  service  and  fee ;  but  no 
amount  in  excess  of  the  fee  or  fees  prescribed  and 
such  actual  and  necessary  expenses  shall  be  charged 
or  accepted. 


173 


OUR     FOREIGN     SERVICE 


Official  Fee-Stamps 

Consular  officers  are  supplied  by  the  Department  of 
State  upon  requisition  therefor  with  official  fee-stamps 
on  which  are  printed  the  equivalent  money  value. 
Whenever  a  consular  officer  performs  any  consular  or 
notarial  act  he  is  required  to  deliver  the  party  at  whose 
instance  such  act  is  performed  an  appropriate  document 
and  affix  thereto  and  cancel  an  adhesive  stamp  or 
stamps  of  the  denomination  equivalent  to  the  fee  pre- 
scribed for  such  act.  No  such  act  shall  be  legally  valid 
within  the  jurisdiction  of  the  government  of  the  United 
States  unless  such  stamps  are  affixed. 

Social  Relations 

The  consular  service  was  designed  for  business 
rather  than  social  purposes.  The  salaries  are  not  es- 
tablished on  a  scale  warranting  social  entertainment. 
Hence  consuls  are  not  required  nor  expected  to  enter- 
tain unless  they  care  to  do  so.  As  it  is  essential  that 
they  should  cultivate  pleasant  personal  relations  with 
their  colleagues,  with  local  officials  and  other  persons 
of  influence,  to  enable  them  to  perform  their  official 
duties  most  satisfactorily,  they  will  naturally  wish  to 
reciprocate  social  courtesies  extended  to  them,  and  to 
dispense  such  further  hospitality  as  their  means  may 
warrant. 


174 


OUR     CONSULAR     SERVICE 


Public  Speeches 

It  is  advised  that  consular  officers  avoid  public 
speeches  when  it  can  be  done  without  exciting  feeling  in 
the  community.  They  are  forbidden  to  refer  in  public 
speeches  to  any  matter  pending-  in  the  consulate  or  in 
dispute  between  the  United  States  and  any  other  gov- 
ernment; and  they  are  instructed  to  be  careful  to  re- 
frain from  unfavorable  comment  or  criticism  upon  the 
institutions  or  acts  of  the  government  to  which  they  are 
accredited. 

Local  Investments  Prohibited 

Consuls  are  forbidden  to  make  investments  of  money 
within  the  country  from  the  government  of  which  they 
receive  their  exequaturs.  This  prohibition  applies  to 
owning  real  estate  (except  for  the  consul's  own  use), 
bonds,  shares,  stocks,  mortgages,  etc. 

Consular  officers  find  that  much  of  their  time  and 
energy  is  expended  in  attending  to  matters  which  do 
not  properly  come  within  the  scope  of  consular  duties. 
The  consulate  is  looked  upon  as  a  haven  of  refuge  by 
all  Americans  in  difficulty  or  distress,  and  many  believe 
that  our  government  provides  consuls  funds  with  which 
to  relieve  this  class  of  persons.  Tlie  most  common 
form  of  aid  applied  for  is  transportation  to  the  United 
States.     Such  requests  are  made  by  various  classes  but 

175 


OUR     FOREIGN     SERVICE 

most  frequently  by  seamen  who,  while  American  citi- 
zens, have  lost  their  quality  of  American  seamen  by 
service  in  foreign  ships.  By  reason  of  their  acquaint- 
ance with  masters  of  American  vessels,  consuls  are  of- 
ten able  to  secure  opportunities  for  such  seamen  to 
work  their  way  back  to  the  United  States. 

Many  opportunities  are  afforded  consuls  to  loan 
money  to  impecunious  Americans,  sometimes  without 
security,  and  occasionally  upon  the  deposit  of  watches 
and  jewelry  as  security. 

The  writer  was  approached  by  an  American  who  de- 
sired a  loan  of  $200.  He  stated  that  he  had  large 
property  interests  in  a  certain  Western  city,  and  would 
have  no  difficulty  in  repaying  a  loan.  It  was  suggested 
that  he  communicate  with  some  friend  in  his  home 
town  and  ask  to  have  money  sent  to  him.  He  replied 
that  while  he  had  plenty  of  friends  there  he  didn't 
know  that  any  of  them  would  feel  like  advancing  him 
the  money.  It  was  observed  that  if  his  friends  at  his 
home,  where  he  claimed  to  have  large  property  inter- 
ests, were  not  willing  to  make  him  a  loan,  he  could 
hardly  expect  the  consul  to  do  so,  who  had  never  seen 
him  before. 

Pensioners  frequently  apply  to  consuls  for  advances, 
offering  their  pension  papers  as  security.  Consuls  are 
asked  to  cash  checks  and  endorse  drafts  for  persons 
they  have  never  seen  before.  They  are  requested  to 
investigate  and  collect  claims  to  large  estates  in  their 
consular  districts,  believed  to  have  been  left  to  claim- 

176 


OUR     CONSULAR     SERVICE 

ants,  and  are  offered  a  large  share  in  the  estates  if  suc- 
cessful. 

Many  persons  residing  in  the  country  in  which  the 
consul  is  stationed  have  the  impression  that  because  he 
is  a  representative  of  the  United  States  it  is  his  duty  to 
look  after  matters  in  that  country  in  which  they  are 
concerned.  For  example  the  writer  was  asked  by  a 
woman,  a  native  of  the  country  in  which  he  was  resid- 
ing, to  find  her  husband  who  was  supposed  to  be  in  the 
United  States,  and  to  require  him  to  support  her. 

Another  native,  who  had  been  swindled  by  a  dis- 
honest merchant  in  the  United  States,  called  upon  the 
writer  to  secure  redress  for  him. 

Then  there  are  the  inevitable  collectors  of  stamps 
and  souvenir  post-cards.  Some  are  willing  to  make 
exchanges.  Few  furnish  postage,  and  occasionally  the 
letter  making  the  request  bears  insufficient  postage, 
necessitating  the  payment  by  the  consul  of  double  pen- 
alty for  short  postage.  One  letter  received  by  the  writer 
asked  that  the  reply  be  sent  through  the  Department  of 
State,  to  avoid  payment  of  postage. 

The  following  letter  from  a  female  collector  in  Wash- 
ington is  an  example  of  this  class  of  correspondence : 

"Dear  Sir: 

I  am  making  a  collection  of  souvenir  post-cards. 
Kindly  send  me  a  set  of  souvenir  cards  representative 
of  the  country  to  which  you  are  accredited. 

Very  truly  yours, 

Jane  Smith." 
For.  Serv. — 12  1*^7 


Citizenship,  Expatriation,  and 
Passports 


179 


CHAPTER  IV. 
Citizenship,  Expatriation,  and  Passports 

Citizenship  of  the  United  States  may  be  acquired  in 
either  of  two  ways :  by  birth,  or  by  naturahzation. 

Citizenship  by  birth  may  arise  either  ( i )  by  birth  in 
the  United  States,  or  (2)  by  birth  to  an  American 
father  abroad. 

Citizenship  results  from  the  fact  of  birth  in  the 
United  States,  irrespective  of  the  citizenship  of  the 
parents.  This  is  by  virtue  of  the  principle  of  the  com- 
mon law,  by  which  all  persons  bom  within  the  domin- 
ions and  allegiance  of  the  Crown,  whether  of  English 
or  foreign  parents,  were  natural-born  English  subjects, 
except  the  children  of  foreign  ambassadors  or  the  chil- 
dren born  to  an  enemy  during  hostile  occupation  of 
British  territory.  It  also  results  from  the  express  pro- 
visions of  Sec.  1992  R.  S.  and  the  ist  section  of  the 
Fourteenth  Amendment  to  the  Constitution,  which  are 
merely  declaratory  of  the  common  law.  The  earlier 
decisions  of  our  courts  concerning  this  question  were 
somewhat  conflicting  but  it  was  definitely  and  authori- 
tatively settled  by  the  decision  of  the  Supreme  Court  in 
the  case  of  Wong  Kim  Ark,  169  U.  S.  649,  in  1898. 

Citizenship  by  birth  to  an  American  father  abroad, 

t8i 


OUR     FOREIGN     SERVICE 

results  from  the  provisions  of  section  1993  R.  S.,  that 
all  children  heretofore  born  or  hereafter  born  out  of 
the  United  States,  whose  fathers  were  or  may  be  at  the 
time  of  their  birth  citizens,  are  declared  to  be  citizens  of 
the  United  States. 

The  logical  result  of  the  operation  of  our  law  of  citi- 
zenship by  birth  when  it  comes  in  conflict  with  the  law 
of  another  country  on  the  subject,  is  to  produce  what  is 
termed  double  allegiance.  This  is  inevitable  in  the  ab- 
sence of  a  general  agreement  for  the  exclusive  applica- 
tion of  the  one  or  the  other  of  such  laws.  For  example, 
in  case  of  the  birth  in  the  United  States  of  a  child  to 
parents,  citizens  of  a  country  by  the  law  of  which  citi- 
zenship depends  on  parentage,  or  in  case  of  the  birth  of 
a  child  to  American  parents  in  a  foreign  country  where 
the  jus  soli  prevails, — the  child  is  a  citizen  of  the  United 
States  by  virtue  of  our  law,  while  at  the  same  time  by 
the  law  of  the  foreign  country  he  is  a  citizen  of  the 
country  to  which  his  parents  owe  allegiance.  Where 
such  dual  allegiance  arises  the  conflict  is  obviated  by  the 
general  practice  of  nations,  whereby  the  individual  is 
required,  upon  reaching  majority,  to  elect  which  nation- 
ality he  will  conserve.  If  the  question  becomes  a  practi- 
cal one  before  he  arrives  at  majority,  the  conflict  is 
decided  according  to  the  law  of  the  one  of  the  two  coun- 
tries within  whose  jurisdiction  he  actually  is.  The  only 
legislation  relating  to  this  subject  in  the  United  States, 
is  the  recent  Act  of  Congress  of  March  2,  1907,  requir- 
ing children  who  are  citizens  in  accordance  with  the 
provisions  of  section  1993  R.  S.,  and  who  continue  to 

182 


CITIZENSHIP 

reside  abroad,  in  order  to  receive  the  protection  of  this 
government,  to  record  at  an  American  consulate  when 
they  reach  the  age  of  eighteen  years,  their  intention  to 
become  residents  and  remain  citizens  of  the  United 
States,  and  upon  attaining  majority,  to  take  the  oath 
of  allegiance  to  the  United  States. 

The  second  source  of  citizenship  in  the  United  States 
is  by  naturalization,  v^hich  is  the  act  of  adopting  an 
alien  and  clothing  him  with  the  privileges  of  a  citizen. 

Naturalization  may  be  effected  (i)  by  taking  out 
naturalization  papers  in  compliance  with  the  general 
laws  of  the  United  States ;  (2)  by  naturalization  of  par- 
ents; (3)  by  marriage;  (4)  by  special  act  of  Congress  ; 
(5)  by  treaty;  (6)  by  conquest;  (7)  by  admission  of 
a  territory  to  statehood. 

The  general  requirements  for  formal  naturalization 
are  a  continuous  residence  of  five  years  in  the  United 
States  and  one  year  in  the  State ;  a  formal  declaration 
of  intention  to  become  a  citizen,  two  years  at  least  be- 
fore admission  to  citizenship;  the  renunciation,  at  ad- 
mission, of  any  title  or  order  of  nobility,  and  of  allegi- 
ance to  a  foreign  state,  and  taking  the  oath  of  alle- 
giance to  the  United  States. 

In  addition  to  his  own  oath,  the  applicant  must  pro- 
duce the  testimony  of  at  least  two  witnesses,  citizens 
of  the  United  States,  who  have  personal  knowledge, 
as  to  the  facts  of  his  residence,  moral  character  and  at- 
tachment to  the  principles  of  the  Constitution.  He 
must  be  able  to  write  his  name  and  to  speak  the  English 
language.     Only  aliens  of  the  Caucasian  and  African 

183 


OUR     FOREIGN     SERVICE 

races  are  eligible  for  naturalization.  Alien  enemies, 
anarchists,  polygamists,  and  persons  not  of  good  moral 
character,  are  debarred. 

The  naturalization  of  an  alien  confers  citizenship 
also  upon  his  minor  children  dwelling  in  the  United 
States.  Section  2172  R.  S.  provides  that  the  children 
of  persons  who  have  been  duly  naturalized  under  any 
law  of  the  United  States,  being  under  the  age  of 
twenty-one  years  at  the  time  of  the  naturalization  of 
their  parents,  shall,  if  dwelling  in  the  United  States,  be 
considered  as  citizens  thereof. 

The  use  of  the  phrase  'dwelling  in  the  United  States' 
made  the  meaning  of  this  law  uncertain,  the  difficulty 
being  to  determine  at  what  period  of  time  the  child  is 
required  to  be  dwelling  in  the  United  States  in  order 
to  acquire  citizenship.  To  resolve  this  doubt,  the  Act 
of  March  2,  1907,  was  passed  which  declares  that  a 
child  born  without  the  United  States  of  alien  parents 
shall  be  deemed  a  citizen  by  virtue  of  the  naturalization 
of  the  parents ;  provided  that  such  naturalization  takes 
place  during  the  minority  of  such  child ;  and  provided, 
further,  that  the  citizenship  of  such  minor  child  shall 
begin  at  the  time  the  child  begins  to  reside  permanently 
in  the  United  States. 

A  third  method  of  naturalization  is  by  marriage. 
By  the  terms  of  Section  1994  R.  S.  any  woman  who  is 
eligible  for  naturalization  under  our  general  laws,  be- 
comes, by  marriage  to  a  citizen,  a  citizen  of  the  United 
States  herself,  just  as  if  she  had  complied  with  all  the 
formalities   prescribed   by   the   general   naturalization 

184 


CITIZENSHIP 

laws  and  had  been  granted  a  certificate  of  naturaliza- 
tion. And  this  is  the  case  whether  the  husband  is  nat- 
uralized before  the  marriage  or  subsequent  thereto. 

As  to  the  effect  of  the  marriage  of  an  American 
woman  to  an  alien,  there  were  variant  decisions  of  the 
courts  and  opinions  of  the  Executive  Departments,  but 
the  Act  of  March  2,  1907,  expressly  declares  that  any 
American  woman  who  marries  a  foreigner  shall  take 
the  nationality  of  her  husband.  It  further  provides 
that  at  the  termination  of  the  marital  relation  she  may 
resume  her  American  citizenship,  if  abroad,  by  register- 
ing as  an  American  citizen  within  one  year  with  a 
consul  of  the  United  States  or  by  returning  to  reside  in 
the  United  States,  or  if  residing  in  the  United  States 
at  the  termination  of  the  marital  relation,  by  continuing 
to  reside  therein. 

There  are  numerous  instances  of  collective  naturali- 
zation, or  naturalization  by  special  statute.  For  ex- 
ample, the  annexation  of  Hawaii  was  followed  by  the 
Act  of  April  30,  1900,  declaring  that  all  persons,  who 
were  citizens  of  Hawaii  on  April  12,  1898,  were  citi- 
zens of  the  United  States.  Many  classes  of  Indians 
have  been  made  citizens  in  this  manner. 

There  have  been  several  instances  of  collective  natu- 
ralization by  treaty.  The  treaties  with  France  in  1803, 
ceding  Louisiana;  with  Spain  in  1819,  ceding  Florida; 
with  Mexico  in  1848  and  1853,  ceding  Mexican  terri- 
tory; and  with  Russia  in  1867  for  the  cession  of  Alas- 
ka; all  made  provision  for  the  incorporation  of  the 
inhabitants  of  the  territorv  ceded  as  citizens  of  the 

185 


OUR     FOREIGN     SERVICE 

United  States.  Our  treaty  with  Spain  (1898)  ceding 
the  PhiHppines  and  Porto  Rico,  made  no  provision  for 
the  incorporation  of  the  inhabitants  as  citizens,  but 
expressly  provided  that  the  civil  rights  and  political 
status  of  the  native  inhabitants  should  be  determined 
by  Congress.  And  Congress  has  legislated  and  with- 
held United  States  citizenship  from  these  people. 

A  sixth  method  of  naturalization  is  by  conquest.  It 
is  a  general  principle  of  the  law  of  nations  that  in  the 
absence  of  express  treaty  stipulations,  or  legislation  by 
the  conqueror,  whenever  a  government  acquires  terri- 
tory by  conquest,  the  allegiance  of  the  conquered  is 
transferred  to  the  new  sovereign. 

Naturalization  may  also  be  acquired  by  the  admission 
of  a  Territory  as  a  State.  The  constitution  provides 
that  "new^  States  may  be  admitted  by  the  Congress  into 
the  Union,"  and  that  "the  Congress  shall  have  power  to 
dispose  of,  and  make  needful  rules  and  regulations  re- 
specting the  territory  or  other  property  belonging  to 
the  United  States."  In  pursuance  of  these  provisions, 
Congress  in  several  instances  in  admitting  a  territory 
as  a  State  has  declared  who  of  the  inhabitants  shall  be 
citizens.  But  in  any  event,  on  the  admission  of  a  new 
state  into  the  Union,  its  citizens, — the  members  who 
compose  it, — become,  ipso  facto,  entitled  to  all  privi- 
leges and  immunities  of  citizens  of  the  United  States. 

Expatriation 

Until  the  enactment  of  the  law  of  March  2,   1907, 

186 


CITIZENSHIP 

**in  reference  to  the  expatriation  of  citizens  and  their 
protection  abroad,"  there  was  no  mode  of  renunciation 
of  citizenship  prescribed  by  our  laws,  with  the  ex- 
ception of  Section  1998  R.  S.,  by  virtue  of  which 
desertion  from  the  Army  and  Navy  works  forfeiture  of 
the  rights  of  citizenship. 

But  the  Act  of  1907  expressly  prescribes  the  follow- 
ing" modes  by  which  citizenship  may  be  renounced :  ( i ) 
By  naturalization  in  a  foreign  state;  (2)  by  taking  an 
oath  of  allegiance  to  a  foreign  state;  (3)  by  marriage 
of  an  American  woman  to  a  foreigner ;  (4)  by  residence 
in  a  foreign  country. 

The  act  declares  that  when  a  naturalized  citizen  of 
the  United  States  shall  have  resided  for  two  years  in 
the  foreign  state  from  which  he  came,  or  five  years  in 
any  other  foreign  state,  it  shall  be  presumed  that  he  has 
ceased  to  be  an  American  citizen ;  with  the  proviso, 
however,  that  such  presumption  may  be  overcome  by 
his  presenting  satisfactory  evidence  to  a  diplomatic 
or  consular  officer,  under  such  rules  as  the  Department 
of  State  shall  prescribe.  Under  the  rules  prescribed  by 
the  Secretary  of  State,  proof  must  be  presented  estab- 
lishing the  following  facts:  (a)  That  his  residence 
abroad  is  solely  as  a  representative  of  American  trade 
and  that  he  intends  eventually  to  return  to  the  United 
States,  permanently  to  reside;  or  (b)  That  his  resi- 
dence abroad  is  in  good  faith  for  reasons  of  health  or 
for  education  and  that  he  intends  eventually  to  return 
to  the  United  States,  or  (c)  That  some  unforeseen  or 
controlling  exigency  beyond  his  power  to  foresee  has 

187 


OUR     FOREIGN     SERVICE 

prevented  his  carrying  out  a  bona  iide  intention  to  re- 
turn to  the  United  States  within  the  time  limited  by 
law,  and  that  it  is  his  intention  to  return  and  reside  in 
the  United  States  immediately  upon  the  removal  of 
the  preventing  cause. 

Passports 

Rules  Governing  the  Granting  and  Issuing  of  Pass- 
ports in  the  United  States — Executive  Order. 

1.  By  whom  issued  and  refusal  to  issue. — No  one 
but  the  Secretary  of  State  may  grant  and  issue  pass- 
ports in  the  United  States  ( Revised  Statutes,  Sections 
4075,  4078,)  and  he  is  empowered  to  refuse  them  in  his 
discretion. 

Passports  are  not  issued  by  American  diplomatic 
and  consular  officers  abroad,  except  in  cases  of  emer- 
gency; and  a  citizen  who  is  abroad  and  desires  to  pro- 
cure a  passport  must  apply  therefor  through  the  nearest 
diplomatic  or  consular  officer  to  the  Secretary  of  State. 

Applications  for  passports  by  persons  in  Porto  Rico 
or  the  Philippines  should  be  made  to  the  Chief  Execu- 
tive of  those  Islands.  The  evidence  required  of  such 
applicants  is  the  same  as  that  required  of  applicants  in 
the  United  States. 

2.  Fee. — By  act  of  Congress  approved  March  23, 
1888,  a  fee  of  one  dollar  is  required  to  be  collected  for 
evei-y  citizen's  passport.  That  amount  in  currency  or 
postal  money  order  should  accompany  each  application 
made  by  a  citizen  of  the  United  States.     Orders  should 

188 


CITIZENSHIP 

be  made  payable  to  tlie  Disbursing  Clerk  of  the  Depart- 
ment of  State.     Drafts  or  checks  will  not  be  accepted. 

3.  Applications. — A  person  who  is  entitled  to  receive 
a  passport,  if  within  the  United  States,  must  make  a 
written  application,  in  the  form  of  an  aflidavit,  to  the 
Secretary  of  State.  The  application  must  be  made  by 
the  person  to  whom  the  passport  is  to  be  issued  and 
signed  by  him,  as  it  is  not  competent  for  one  person 
to  apply  for  another. 

The  affidavit  must  be  attested  by  an  officer  author- 
ized to  administer  oaths,  and  if  he  has  an  official  seal 
it  must  be  affixed.  If  he  has  no  seal,  his  official  char- 
acter must  be  authenticated  by  certificate  of  the  proper 
legal  officer. 

If  the  applicant  signs  by  mark,  two  attesting  wit- 
nesses to  his  signature  are  required.  The  applicant  is 
required  to  state  the  date  and  place  of  his  birth,  his  oc- 
cupation, the  place  of  his  permanent  residence,  to  what 
country  or  countries  he  intends  to  travel  and  within 
what  length  of  time  he  will  return  to  the  United  States 
with  the  purpose  of  residing  and  performing  the  duties 
of  citizenship. 

The  applicant  must  take  the  oath  of  allegiance  to  the 
Government  of  the  United  States. 

The  application  must  be  accompanied  by  a  description 
of  the  person  applying,  and  should  state  the  following 
particulars,  viz. :  Age,  — ;  stature,  — ;  feet  —  inches 
(English  measure)  ;  forehead,  — ;  eyes,  — ;  nose,  — ; 
mouth,  — ;  chin,  — ;  hair,  — ;  complexion,  — ;  face.  — . 

The  application  must  be  accompanied  by  a  certificate 

189 


OUR     FOREIGN     SERVICE 

from  at  least  one  credible  witness  that  the  applicant  is 
the  person  he  represents  himself  to  be,  and  that  the 
facts  stated  in  the  affidavit  are  true  to  the  best  of  the 
witness's  knowledge  and  belief. 

4.  Native  citizens. — An  application  containing  the 
information  indicated  by  rule  3  will  be  sufficient  evi- 
dence in  the  case  of  native  citizens ;  but 

A  person  of  the  Chinese  race,  alleging  birth  in  the 
United  States,  must  accompany  his  application  with 
supporting  affidavits  from  at  least  two  credible  wit- 
nesses, preferably  not  of  the  Chinese  race,  having  per- 
sonal knowledge  of  the  applicant's  birth  in  the  United 
States.  The  application  and  supporting  affidavits 
should  be  in  duplicate  and  should  be  accompanied  by 
three  photographs  of  the  applicant  and  should  state  at 
what  port  he  intends  to  re-enter  the  United  States. 

5.  A  person  born  abroad  wdiose  father  was  a  native 
citizen  of  the  United  States. — In  addition  to  the  state- 
ments required  by  rule  3,  his  application  must  show  that 
his  father  was  born  in  the  United  States,  resided  there- 
in, and  was  a  citizen  at  the  time  of  the  applicant's  birth. 
The  Department  may  require  that  this  affidavit  be  supH 
ported  by  that  of  one  other  citizen  acquainted  with  the 
facts. 

6.  Naturalized  citizens. — In  addition  to  the  state- 
ments required  by  rule  3,  a  naturalized  citizen  must 
transmit  his  certificate  of  naturalization,  or  a  duly  cer- 
tified copy  of  the  court  record  thereof,  with  his  applica- 
tion. It  will  be  returned  to  him  after  inspection.  He 
must  state  in  his  affidavit  when  and  from  what  port 

190 


CITIZENSHIP ■ 

he  emigrated  to  this  country,  what  ship  he  sailed  in, 
where  he  has  hved  since  his  arrival  in  the  United 
States,  when  and  before  what  court  he  was  naturahzed, 
and  that  he  is  the  identical  person  described  in  the  cer- 
tificate of  naturaHzation.  The  signature  to  the  apphca- 
tion  should  conform  in  orthography  to  the  applicant's 
name  as  written  in  his  certificate  of  naturalization,  or  an 
explanation  of  the  difference  should  be  submitted. 

7. — Woman's  application. — If  she  is  unmarried,  in 
addition  to  the  statements  required  by  rule  3,  she  should 
state  that  she  has  never  been  married.  If  she  is  the 
wife  or  widow  of  a  native  citizen  of  the  United  States 
the  fact  should  be  made  to  appear  in  her  application. 
If  she  is  the  wife  or  widow  of  a  naturalized  citizen,  in 
addition  to  the  statements  required  by  rule  3,  she  must 
transmit  for  inspection  her  husband's  certificate  of  nat- 
uralization, must  state  that  she  is  the  wife  (or  widow) 
of  the  person  described  therein,  and  must  set  forth  the 
facts  of  his  emigration,  naturalization,  and  residence, 
as  required  in  the  rule  governing  the  application  of  a 
naturalized  citizen. 

(A  married  woman's  citizenship  follows  that  of  her 
husband  so  far  as  her  international  status  is  concerned. 
It  is  essential,  therefore,  that  a  woman's  marital  rela- 
tions be  indicated  in  her  application  for  a  passport,  and 
that  in  the  case  of  a  married  woman  her  husband's  cit- 
izenship be  established.) 

8.  The  child  of  a  naturalized  citizen  claiming  citizen- 
ship through  the  naturalization  of  the  parent. — In  addi- 
tion to  the  statements  required  by  rule  3,  the  applicant 

191 


OUR     FOREIGN     SERVICE 

must  state  that  he  or  she  is  the  son  or  daughter,  as  the 
case  may  be,  of  the  person  described  in  the  certificate 
of  naturahzation,  which  must  be  submitted  for  inspec- 
tion, and  must  set  forth  the  facts  of  emigration,  natural- 
ization, and  residence,  as  required  in  the  rule  govern- 
ing the  application  of  a  naturalized  citizen. 

9.  A  resident  of  an  insular  possession  of  the  United 
States  who  owes  allegiance  to  the  United  States. — In 
addition  to  the  statements  required  by  rule  3,  he  must 
state  that  he  owes  allegiance  to  the  United  States  and 
that  he  does  not  acknowledge  allegiance  to  any  other 
government;  and  must  submit  affidavits  from  at  least 
two  credible  witnesses  having  good  means  of  knowl- 
edge in  substantiation  of  his  statements  of  birth,  resi- 
dence and  loyalty. 

10.  Expiration  of  passport. — A  passport  expires  two 
years  from  the  date  of  its  issuance.  A  new  one  will  be 
issued  upon  a  new  application,  and,  if  the  applicant  be 
a  naturalized  citizen,  the  old  passport  will  be  accepted 
in  lieu  of  a  certificate  of  naturalization,  if  the  applica- 
tion upon  which  it  was  issued  is  found  to  contain  suffi- 
cient information  as  to  the  naturalization  of  the  appli- 
cant. 

11.  Wife,  minor  children,  and  servants.- — When  the 
applicant  is  accompanied  by  his  wife,  minor  children,  or 
servant  who  would  be  entitled  to  receive  a  passport,  it 
will  be  sufficient  to  state  the  fact,  giving  the  respective 
ages  of  the  children  and  the  allegiance  of  the  servant, 
when  one  passport  will  suffice  for  all.     For  any  other 

192 


CITIZENSHIP 

person  in  the  party  a  separate  passport  will  be  required. 
A  woman's  passport  may  include  her  minor  children 
and  servant  under  the  above-named  conditions. 

(The  term  servant  does  not  include  a  governess, 
tutor,  pupil,  companion,  or  person  holding  like  relations 
to  the  applicant  for  a  passport.) 

12.  Titles. — Professional  and  other  titles  will  not 
be  inserted  in  passports. 

13.  Blank  forms  of  application. — They  will  be  fur- 
nished by  the  Department  to  persons  who  desire  to  ap- 
ply for  passports,  but  are  not  furnished,  except  as 
samples,  to  those  who  make  a  business  of  procuring 
passports. 

14.  Address. — Communications  should  be  addressed 
to  the  Department  of  State,  Bureau  of  Citizenship,  and 
each  communication  should  give  the  post-office  address 
of  the  person  to  whom  the  answer  is  to  be  directed. 

Section  4075  of  the  Revised  Statutes  of  the  United 
States,  as  amended  by  the  act  of  Congress,  approved 
June  14,  1902,  providing  that  "the  Secretary  of  State 
may  grant  and  issue  passports,  and  cause  passports  to 
be  granted,  issued  and  verified  in  foreign  countries  by 
such  diplomatic  or  consular  officers  of  the  United 
States,  and  by  such  chief  or  other  executive  officer  of 
the  insular  possessions  of  the  United  States,  and  under 
such  rules  as  the  President  shall  designate  and  pre- 
scribe for  and  on  behalf  of  the  United  States,"  the  fore- 
going rules  are  hereby  prescribed  for  the  granting  and 

issuing  of  passports  in  the  United  States. 
For.  Serv. — 13  rgo 


OUR     FOREIGN     SERVICE 

The  Secretar)^  of  State  is  authorized  to  make  regula- 
tions on  the  subject  of  issuing  and  granting  passports 
additional  to  these  rules  and  not  inconsistent  with  them. 

Theodore  Roosevelt. 
The  White  House, 

June  13,  1907. 


194 


Literature  of  the  Subject 
Bibliography 


^95 


CHAPTER  V. 
Literature  of  the  Subject — Bibliography 

Our  Universities  and  Colleges  are  beginning  to  de- 
vote attention  to  the  education  of  students  for  our  for- 
eign service.  Besides  the  general  post-graduate  course 
in  international  law,  political  economy,  history,  govern- 
ment and  languages,  given  in  many  of  our  higher  in- 
stitutions of  learning,  three  of  the  colleges  in  Wash- 
ington have  added  lectures  on  the  diplomatic  and  con- 
sular service ;  two  have  provided  special  courses  on  cit- 
izenship ;  and  one  has  established  a  course  giving  special 
preparation  and  training  for  the  diplomatic  and  con- 
sular service. 

To  the  student  who  aspires  to  a  position  in  our  for- 
eign service  but  is  not  able  to  avail  himself  of  the  excel- 
lent advantages  afforded  in  these  institutions,  a  few 
suggestions  concerning  the  course  of  study  to  be  pur- 
sued to  fit  him  for  this  work  are  appropriate.  He 
wishes  to  know  what  books  he  should  study  and  refer 
to,  and  the  literature  devoted  to  the  subject.  To  meet 
this  want  the  writer  subjoins  a  list  of  approved  au- 
thorities— mostly  American. 

197 


OUR     FOREIGN     SERVICE 


Government  Publications 

A  large  number  of  these  works  are  Government  pub- 
lications. Among  the  most  useful  are  the  Annual  vol- 
umes of  Foreign  Relations,  v^^hich  contain  selected  cor- 
respondence between  the  Department  of  State  and  our 
diplomatic  representatives  in  foreign  countries,  and  be- 
tween the  Department  and  the  representatives  of  for- 
eign governments  in  the  United  States.  The  publica- 
tion of  these  volumes  in  their  present  form  began  in 
1870.  The  period  from  1861  to  1868  is  covered  by  a 
similar  publication  under  the  title  of  "Diplomatic  Cor- 
respondence." Prior  to  that  date  there  was  no  system- 
atic publication  of  our  diplomatic  correspondence, 
with  the  exception  of  six  volumes  of  "American  State 
Papers,"  covering  only  the  period  from  1789  to  1828. 

On  account  of  the  delay  in  publishing  the  volumes 
of  Foreign  Rclatio'}is,  they  are  not  read  by  a  very  great 
number  of  persons,  but  they  contain  a  vast  deal  of  use- 
ful and  interesting  information  concerning  foreign  af- 
fairs, and  their  careful  perusal  by  the  student  may  be 
made  a  matter  of  great  profit. 

Treaties  and  Conventions  betzveen  the  United  States 
and  other  Powers,  1776-1887.  This  contains  some 
valuable  Notes  compiled  by  J.  C.  B.  Davis,  Assistant 
Secretary  of  State.  A  "Coutpilofion  of  Treaties  in 
Force/'  was  published  in  1899,  with  references  to  the 
decisions  of  the  Federal  courts  in  relation  to  treaties. 

198 


LITERATURE 

A  further  C ompilation  of  Treaties,  prepared  under  the 
authority  of  Congress,  was  published  in  1904. 

International  Lazv  Digest  by  John  Bassett  Moore, 
8  volumes,  1906.  This  colossal  work,  nominally  a  re- 
vision of  Wharton's  Digest  of  International  Law,  is 
the  result  of  nearly  ten  years  labor  and  research  by 
Professor  Moore,  who  is  recognized  as  the  leading  au- 
thority in  the  United  States  on  International  Law. 
Professor  Moore  was  not  satisfied  to  make  a  mere  re- 
vision of  Wharton,  but  adopted  a  new  and  independent 
plan,  comprehending  the  entire  field  of  international 
law.  The  monumental  work  which  resulted  is  based 
upon  diplomatic  correspondence,  treaties  and  other  in- 
ternational agreements,  international  awards,  decisions 
of  municipal  courts,  the  writings  of  jurists,  messages  by 
Presidents  and  Secretaries  of  State,  and  the  opinions 
of  the  Attorneys-General.  Instead  of  merely  quoting 
extracts  from  state  papers,  etc..  Professor  Moore,  with 
the  thoroughness  which  characterizes  all  his  work, 
gives  the  histor)^  of  the  cases  in  which  the  particular 
documents  were  issued  and  shows  what  was  actually 
done  and  the  opinion  that  finally  prevailed.  The  work 
produced  is  much  more  than  a  digest.  It  is  a  treatise 
and  may  well  be  said  to  be  one  of  the  most  important 
contributions  to  the  literature  of  international  law  by 
any  American  author.  It  is  indispensable  alike  to  those 
who  are  officially  concerned  in  international  affairs  and 
to  the  student. 

History  and  Digest  of  the  Internatio-nal  Arbitrations 
to  which  the  United  States  has  been  a  party,  by  John 

199 


OUR     FOREIGN     SERVICE 

Bassett  Moore,  6  volumes,  1898.  This  work  is  of  the 
same  exhaustive  and  comprehensive  character  as  the 
International  Law  Digest.  Besides  digesting  the  opin- 
ions of  every  arbitration  tribunal  in  which  the  United 
States  has  been  a  party,  Professor  Moore  gives  a  his- 
tory of  the  origin  of  the  questions  submitted  to  arbi- 
tration, and  of  the  negotiations  preceding  their  submis- 
sion. In  an  Appendix  there  are  included  also  the  arbi- 
tration treaties,  and  historical  and  legal  notes  on  other 
arbitrations,  and  on  the  domestic  commissions  of  the 
United  States  for  the  adjustment  of  international 
claims. 

Ralston' s  Report,  1904.  This  covers  the  opinions 
of  the  Venezuelan  Arbitrations  of  1903,  together  with 
copies  of  the  Protocols  and  what  is  known  as  the  "Bow- 
en  Correspondence"  relating  thereto. 

Compilation  of  the  Messages  OMd  Papers  of  the  Pres- 
idents, 1789-97.      10  volumes.     Washington,   1896-9. 

Compilation  of  Reports  of  Committee  on  Foreign 
Relations,  United  States  Senate,  1 789-1901.  Senate 
Executive  Documents  231,  56th  Congress.  2d  Session, 
parts  1-8. 

Wharton's  Diplomatic  Correspondence  of  the  Ameri- 
can Revolution,  6  volumes,  Washington,  1889.  This 
is  a  mine  of  information  in  relation  to  our  diplomacy 
during  the  Revolutionary  period. 

United  States  Consular  Regulations,  1896.  A  new 
edition  of  these  Regulations,  which  is  greatly  needed 
because  of  the  numerous  changes  in  our  laws  and  the 
regulations  based  thereon  since  1896,  is  being  prepared. 

200 


LITERAl^URE 

The  Consular  Reports,  in  their  daily,  monthly  and 
annual  form. 

History  of  the  Department  of  State.    1893  and  1901. 

The  American  Passport,  History  and  Digest,  by 
Gaillard  Hunt.     Washington,  1898. 

Text  Works 

Butler,  Charles  Henry,  Treaty-Making  Power  of  the 
United  States.     New  York,  1902. 

Crandall,  Samuel  B.,  Treaties,  Their  Making  and 
Enforcement.     New  York,  1904. 

Davis,  George  B.,  Elements  of  International  Law. 
New  York,  1903. 

Foster,  John  W.,  A  Century  of  American  Diplomacy, 
1 776- 1 886.     Boston,  1900. 

■  American  Diplomacy  in  the  Orient.  Bos- 
ton, 1903. 

Practice  of  Diplomacy,  as  Illustrated  in  the 

Foreign  Relations  of  the  United  States.     Boston,  1906. 

Arbitration  and  The  Hague  Court.     Boston, 

1904. 

Hall,  W.  E.,  International  Law.     Oxford,  1904. 

Halleck,  Henry  W.,  International  Law.  London, 
1878. 

Hart,  Albert  B.,  Handbook  of  History,  Diplomacy, 
etc.,  of  the  Government  of  the  United  States.  Cam- 
bridge, 1 90 1. 

The  Foundations  of  American  Foreign  Pol- 
icy.    New  York,  1901. 

201 


OUR     FOREIGN     SERVICE 

Henderson,  John  B.  Jr.,  American  Diplomatic  Ques- 
tions.    New  York,  190 1. 

Hill,  Dr.  David  J.,  History  of  European  Diplomacy. 
6  volumes  (two  issued).  New  York  and  London, 
1905,  1907. 

Hinckley,  Frank  E.,  American  Consular  Jurisdiction 
in  the  Orient.     Washington,  1906. 

Jones,  Chester  Lloyd,  The  Consular  Service  of  the 
United  States:  Its  Historv  and  Activities.  No.  18  of 
publications  of  the  University  of  Pennsylvania,  Series 
in  Political  Economy  and  Public  Law.  Philadelphia, 
1906. 

Kent's  Commentaries.     Vol.  i. 

Latane,  J.  H.,  The  Diplomatic  Relations  of  the  Unit- 
ed States  and  Spanish  America.    Baltimore,  1900. 

Lawrence  T.  J.,  Principles  of  International  Law. 
Boston,  1898. 

Moore,  John  Bassett,  Extradition  and  Interstate 
Rendition.     2  volumes.     Boston,  1889. 

American  Diplomacy,  its  Spirit  and  Achieve- 
ments.   New  York,  1905. 

Murray,  E.  C.  G.,  Embassies  and  Foreign  Courts. 
London,  1885. 

Oppenheim,  L.,  International  Law,  2  volumes.  Lon- 
don and  New  York,  1905  and  1907. 

Schuyler,  Eugene,  American  Diplomacy  and  the 
Furtherance  of  Commerce.     New  York,  1886. 

Scidmore,  George  H.,  Consular  Courts  in  Japan. 
While  the  United  States  no  longer  exercises  extraterri- 
torial jurisdiction  in  Japan,  this  book  contains  much  in- 

202 


L  i  1'  E  R  A  T  U  R  E 

formation  of  present  value  concerning  consular  juris- 
diction. 

Scott,  James  Brown,  Cases  on  International  Law. 
St.  Paul,   1906. 

Snow,  Freeman,  Treaties  and  Topics  in  American 
Diplomacy.     Boston,  1894. 

Cases  and  Opinions  on  International  Law. 

Boston,  1903. 

Taylor,  Hannis,  International  Law.     Chicago,  1901. 

Van  Dyne,  Frederick,  Citizenship  of  the  United 
States.     Rochester,  1904. 

Van  Dyne  on  Naturalization.     Washington, 

[907. 

Wheaton,  Henry,  Elements  of  International  Law 
(Dana's  Edition.) 

Woolsey,  Theodore  D.  Introduction  to  the  Study 
of  International  Law^     New  York,  1901. 

Woolsey,  Theodore  S.,  America's  Foreign  Policy; 
Essays  and  Addresses.     New  York,  1898. 

In  Memoirs  and  Diaries,  the  following  contain  much 
valuable  and  interesting  material  concerning  foreign 
affairs : 

Adams,  John  Quincy,  Memoirs,  Comprising  Portions 
of  His  Diary  from  1795  to  1848.  12  volumes.  Phil- 
adelphia, 1 874-1 877. 

Nicolay  and  Hay,  Abraham  Lincoln.  10  volumes. 
New  York.  1890. 

White,  Andrew  D.,  Autobiography.  2  volumes. 
New  York,  1905. 

203 


OUR     FOREIGN     SERVICE 


Periodical  Literature 

American  Journal  of  International  Law,  1907. — • 
The  American  Society  of  International  Law,  of  which 
Secretary  Root  is  president,  was  organized  only  two 
years  ago,  but  it  has  already  a  membership  of  nearly 
one  thousand.  The  object  of  the  Society  is  to  develop 
popular  interest  in  the  study  of  international  law  and 
promote  the  establishment  of  international  relations 
on  the  basis  of  law  and  justice.  Annual  meetings  are 
held  at  which  questions  of  international  interest  are 
discussed  and  the  proceedings  are  published  and  dis- 
tributed to  the  members. 

The  Society  has  an  organ,  published  quarterly,  the 
"American  Journal  of  International  Law,"  of  which 
Dr.  James  Brown  Scott,  the  versatile  Solicitor  of  the 
Department  of  State,  is  the  Managing  Editor.  This 
is  by  far  the  most  useful  and  interesting  current  pub- 
lication in  the  field  of  international  law.  It  is  the 
only  such  journal  pubHshed  in  the  English  language. 
It  contains  in  each  issue  papers  contributed  by  members 
on  subjects  of  an  international  character  of  current  in- 
terest, editorial  comment  on  pending  international  ques- 
tions and  occurrences,  a  chronicle  of  international 
events,  a  Hst  of  pubHc  documents  relating  to  interna- 
tional law,  copies  of  current  decisions  of  the  courts  in- 
volving questions  of  international  law,  reviews  of  books 
relating  to  international  law,  diplomacy,  etc.,  and  a  list 
of  contributions  to  current  periodicals. 

204 


LITERATURE 

A  Supplement  to  the  Journal  gives  the  text  of  cur- 
rent treaties  and  other  official  documents  relating  to  in- 
ternational matters. 

The  "Journal"  and  "Supplement"  constitute  a  veri- 
table treasure  house  of  information  concerning  inter- 
national matters,  and  enable  the  student  to  keep  in 
touch  with  all  that  transpires  in  international  and  dip- 
lomatic affairs. 

The  American  Political  Science  Revieiu.  This  is  the 
organ  of  the  American  Political  Science  Association. 
It  is  published  quarterly  and  devotes  a  section  to  inter- 
national law. 

The  Bulletin  of  the  International  Bureau  of  the 
American  Republics.  This  is  the  organ  of  the  Inter- 
national Bureau  of  the  American  Republics.  It  is 
published  monthly  in  two  sections,  one  in  English  and 
one  in  Spanish,  Portuguese  and  French. 


205 


Appendix 

Regulations  governing  Examinations  for  the 
office  of  Secretary  of  Embassy  or  Legation. 

Present  Diplomatic  Service  of  the  United 
States. 

Regulations  governing  Appointments  and 
Promotions  in  the  Consular  Service. 

Regulations  governing  Examinations. 

Sample  Examination  Papers. 

Present  Consular  Service  of  the  United  States. 

Forms. 


207 


APPENDIX 


EXAMINATIONS  FOR  OFFICE  OF  SECRETARY  OF  EM- 
BASSY OR  LEGATION 

EXECUTIVE    ORDER 

It  is  hereby  ordered  that  vacancies  in  the  office  of  Secretary  of 
Embassy  or  Legation  shall  hereafter  be  filled 

(a)  By  transfer  or  promotion  from  some  branch  of  the  foreign 
service,  or 

(b)  By  the  appointment  of  a  person  who,  having  furnished 
satisfactory  evidence  of  character,  responsibility  and  capacity,  and 
being  thereupon  selected  by  the  President  for  examination,  is 
found  upon  such  examination  to  be  qualified  for  the  position. 

Theodore  Roosevelt. 
The  White  House,  November  loth,  1905. 


ORDER  BY  THE   SECRETARY   OF   STATE 

In  pursuance  of  the  Executive  order  of  November  10,  1905, 
the  Second  Assistant  Secretary  of  State,  the  Solicitor  for  the 
Department  of  State,  and  the  Chief  of  the  Diplomatic  Bureau,  or 
the  persons  for  the  time  being  respectively  discharging  the  duties 
of  said  offices,  are  hereby  constituted  a  Board,  whose  duty  it 
shall  be,  by  appropriate  examination,  to  determine  the  qualifica- 
tions of  persons  selected  by  the  President  therefor,  to  be  ap- 
pointed as  secretaries  of  embassies  or  legations.  Vacancies  oc- 
curring in  said  Board,  or  such  changes  in  the  membership  thereof 
as  experience  may  prove  to  be  desirable,  will  be  dealt  with  by 
additional  regulations  as  occasion  may  require. 

The  examination  herein  provided  shall  be  held   from  time  to 
time  at  the  Department  of  State,  in  Washington,  upon  such  no- 
tice to  candidates  as  shall  give  them  reasonable  opportunity  to 
attend  for  the  purpose  in  question. 
For.  Serv. — 14  200 


OUR     FOREIGN     SERVICE 

Such  examinations  shall  be  both  oral  and  in  writing.  The  sub- 
jects to  which  the  examination  shall  relate  are  to  be: 

1.  International  law; 

2.  Diplomatic  usage ; 

3.  Modern  languages. 

Familiarity  with  at  least  one  foreign  language  will  be  required. 
This  language  may  be  either  the  language  spoken  in  the  country 
in  which  the  embassy  or  legation  is  located,  or  French. 

The  Examining  Board  is  authorized  to  issue  such  notices  and 
to  make  all  such  rules  as  it  may  deem  necessary  to  accomplish  the 
objects  of  this  regulation,  and  immediately  upon  the  conclusion 
of  such  examination  shall  make  to  the  Secretary  of  State  a  report 
in  writing,  stating  whether  in  its  judgment  the  candidate  is  or  is 
not  qualified  for  the  particular  position  applied  for,  and,  if  the 
decision  is  adverse  to  the  candidate,  also  briefly  summarizing  the 
grounds  of  such  decision. 

Elihu  Root. 

Department  of  State. 

Washington,  November  loth,  1905. 


210 


APPENDIX 


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APPENDIX 


REGULATIONS     GOVERNING     APPOINTMENTS     AND 
PROMOTIONS  IN  THE  CONSULAR  SERVICE. 

EXECUTIVE    ORDER 

Whereas,  The  Congress,  by  Section  1753  of  the  Revised  Statutes 
of  the  United  States  has  provided  as  follows  : 

"The  President  is  authorized  to  prescribe  such  regulations  for 
the  admission  of  persons  into  the  civil  service  of  the  United 
States  as  may  best  promote  the  efficiency  thereof,  and  ascertain 
the  fitness  of  each  candidate  in  respect  to  age,  health,  character, 
knowledge,  and  ability  for  the  branch  of  service  into  which  he 
seeks  to  enter;  and  for  this  purpose  he  may  employ  suitable  per- 
sons to  conduct  such  inquiries,  and  may  prescribe  their  duties, 
and  establish  regulations  for  the  conduct  of  persons  who  may  re- 
ceive appointments  in  the  civil  service." 

And,  whereas,  the  Congress  has  classified  and  graded  the  con- 
suls-general and  consuls  of  the  United  States  by  the  act  entitled 
"An  act  to  provide  for  the  reorganization  of  the  consular  service 
of  the  United  States,"  approved  April  5,  1906,  and  has  thereby 
made  it  practicable  to  extend  to  that  branch  of  the  civil  service 
the  aforesaid  provisions  of  the  Revised  Statutes  and  the  prin- 
ciples embodied  in  the  Civil  Service  Act  of  January  16,  1883. 

Now,  therefore,  in  the  exercise  of  the  powers  conferred  upon 
him  by  the  Constitution  and  laws  of  the  United  States,  the  Presi- 
dent makes  the  following  regulations  to  govern  the  selection  of 
consuls-general  and  consuls  in  the  civil  service  of  the  United 
States,  subject  always  to  the  advice  and  consent  of  the  Senate: — 

1.  Vacancies  in  the  office  of  consul-general  and  in  the  office  of 
consul  above  class  8  shall  be  filled  by  promotion  from  the  lower 
grades  of  the  consular  service,  based  upon  ability  and  efficiency 
as  shown  in  the  service. 

2.  Vacancies  in  the  office  of  consul  of  class  8  and  of  consul  of 
class  9  shall  be  filled  : 

(a)*  By  promotion  on  the  basis  of  ability  and  efficiency  as 
shown  in  the  service,  of  consular  assistants!  and  of  vice  consuls, 

•As  amended  by   Executive  orders  of  December   12,    1906,  and  April   20, 
1907. 
tAs   amended   by    the    Act   approved    May    21,    1908. 

217 


OUR     FOREIGN     SERVICE 

deputy  consuls,  consular  agents,  student  interpreters  and  inter- 
preters in  the  consular  or  diplomatic  service,  who  shall  have  been 
appointed  to  such  offices  upon  examination. 

(b)  By  new  appointments  of  candidates  who  have  passed  a 
satisfactory  examination  for  appointment  as  consul  as  hereafter 
provided. 

3.  Persons  in  the  service  of  the  Department  of  State  with  sal- 
aries of  two  thousand  dollars  or  upwards  shall  be  eligible  for 
promotion,  on  the  basis  of  ability  and  efficiency  as  shown  in  the 
service,  to  any  grade  of  the  consular  service  above  class  8  of 
consuls. 

4.  The  Secretary  of  State,  or  such  officer  of  the  Department  of 
State  as  the  President  shall  designate,  the  Chief  Clerk  of  the  De- 
partment of  State,*  and  the  Chief  Examiner  of  the  Civil  Service 
Commission,  or  some  person  whom  said  Commission  shall  desig- 
nate, shall  constitute  a  Board  of  Examiners  for  admission  to  the 
consular  service. 

5.  It  shall  be  the  duty  of  the  Board  of  Examiners  to  formulate 
rules  for  and  hold  examinations  of  applicants  for  admission  to  the 
consular  service. 

6.  The  scope  and  method  of  the  examinations  shall  be  deter- 
mined by  the  Board  of  Examiners,  but  among  the  subjects  shall 
be  included  at  least  one  modern  language  other  than  English ;  the 
natural,  industrial  and  commercial  resources  and  the  commerce  of 
the  United  States,  especially  with  reference  to  the  possibilities  of 
increasing  and  extending  the  trade  of  the  United  States  with  for- 
eign countries;  political  economy;  elements  of  international,  com- 
mercial and  maritime  law. 

7.  Examination  papers  shall  be  rated  on  a  scale  of  100,  and  no 
person  rated  at  less  than  80  shall  be  eligible  for  certification. 

8.  No  one  shall  be  examined  who  is  under  twenty-one  or  over 
fifty  years  of  age,  or  who  is  not  a  citizen  of  the  United  States,  or 
who  is  not  of  good  character  and  habits  and  physically  and  mental- 
ly qualified  for  the  proper  performance  of  consular  work,  or  who 
has  not  been  specially  designated  by  the  President  for  appointment 
to  the  consular  service  subject  to  examination. 

9.  Whenever  a  vacancy  shall  occur  in  the  eighth  or  ninth  class 
of  consuls  which  the  President  may  deem  it  expedient  to  fill,  the 

*As  amended  by  Executive  order  of  June  20,   1907. 

218 


APPENDIX 

Secretary  of  State  shall  inform  the  Board  of  Examiners,  who  shall 
certify  to  him  the  list  of  those  persons  eligible  for  appointment, 
accompanying  the  certificate  with  a  detailed  report  showing  the 
qualifications,  as  revealed  by  examination,  of  the  persons  so  cer- 
tified. If  it  be  desired  to  fill  a  vacancy  in  a  consulate  in  a 
country  in  which  the  United  States  exercises  extra-territorial 
jurisdiction,  the  Secretary  of  State  shall  so  inform  the  Board  of 
Examiners,  who  shall  include  in  the  list  of  names  certified  by  it 
only  such  persons  as  have  passed  the  examination  provided  for 
in  this  order,  and  who  also  have  passed  an  examination  in  the 
fundamental  principles  of  the  common  law,  the  rules  of  evi- 
dence and  the  trial  of  civil  and  criminal  cases.  The  list  of 
names  which  the  Board  of  Examiners  shall  certify  shall  be  sent 
to  the  President  for  his  information. 

ID.  No  promotion  shall  be  made  except  for  efficiency,  as  shown 
by  the  work  that  the  officer  has  accomplished,  the  ability,  prompt- 
ness and  diligence  displayed  by  him  in  the  performance  of  all  his 
official  duties,  his  conduct  and  his  fitness  for  the  consular  service. 

II.*  It  shall  be  the  duty  of  the  Board  of  Examiners  to  formulate 
rules  for  and  hold  examinations  of  persons  designated  for  appoint- 
ment as  consular  assistant!  or  as  student  interpreter,  and  of 
such  persons  designated  for  appointment  as  vice  consul,  deputy 
consul  and  consular  agent,  as  shall  desire  to  become  eligible  for 
promotion.  The  scope  and  method  of  such  examination  shall  be 
determined  by  the  Board  of  Examiners,  but  it  shall  include  the 
same  subjects  hereinbefore  prescribed  for  the  examination  of  con- 
suls. Any  vice  consul,  deputy  consul  or  consular  agent  now  in 
the  service,  upon  passing  such  an  examination  shall  become  elig- 
ible for  promotion,  as  if  appointed  upon  such  examination. 

12.  In  designations  for  appointment  subject  to  examination  and 
in  appointments  after  examination,  due  regard  will  be  had  to  the 
rule,  that  as  between  candidates  of  equal  merit,  appointments 
should  be  so  made  as  to  secure  proportional  representation  of  all 
the  States  and  Territories  in  the  consular  service ;  and  neither  in 
the  designation  for  examination  or  certification  or  appointment 
will  the  political  affiliations  of  the  candidate  be  considered. 

Theodore  Roosevelt 

The  White  House,  June  27th,  1906. 

*As  amended  by  Executive  order  of  December   12.   1906. 
tAs   amended   by    the    .Act    approved    May    21,    1908. 

219 


APPENDIX 


REGULATIONS  GOVERNING  EXAMINATIONS 

In  pursuance  of  the  Executive  order  of  June  27,  1906,  whereby 
the  President  promulgated  regulations  governing  appointments 
and  promotions  in  the  consular  service,  the  following  rules  have 
been  adopted  by  the  undersigned  Board  of  Examiners,  who,  under 
that  order,  have  been  designated  to  formulate  rules  for  and  hold 
examinations  of  applicants  for  admission  to  the  consular  service 
whom  the  President  shall  have  designated  for  examination  to  de- 
termine their  eligibility  for  appointment  therein  : 

1.  The  examinations  will  be  the  same  for  all  grades  and  will  be 
to  determine  a  candidate's  eligibility  for  appointment  in  the  con- 
sular service,  irrespective  of  the  grade  for  which  he  may  have 
been  designated  for  examination  and  without  regard  to  any  par- 
ticular oflEce  for  which  he  may  be  selected. 

2.  The  examinations  will  consist  of  an  oral  and  a  written  one, 
the  two  counting  equally.  The  object  of  the  oral  examination 
will  be  to  determine  the  candidate's  business  ability,  alertness, 
general  contemporary  information,  and  natural  fitness  for  the  serv- 
ice, including  moral,  mental,  and  physical  qualifications,  char- 
acter, address,  and  general  education  and  good  command  of  Eng- 
lish. In  this  part  of  the  examination  the  applications  previously 
filed  will  be  given  due  weight  by  the  Board  of  Examiners,  es- 
pecially as  evidence  of  the  applicant's  business  experience  and 
ability.  The  written  examination  will  include  those  subjects  men- 
tioned in  the  Executive  order,  to  wit,  French,  German,  or  Span- 
ish, or  at  least  one  modern  language  other  than  English;  the  nat- 
ural, industrial,  and  commercial  resources  and  the  commerce  of 
the  United  States,  especially  with  reference  to  possibilities  of  in- 
creasing and  extending  the  foreign  trade  of  the  United  States ; 
political  economy,  and  the  elements  of  international,  commercial, 
and  maritime  law.  It  will  likewise  include  American  history,  gov- 
ernment, and  institutions;  political  and  commercial  geography; 
arithmetic  (as  used  in  commercial  statistics,  tariff  calculations, 
exchange,  accounts,  etc.)  ;  the  modern  history,  since  1850,  of 
Europe,  Latin  America,  and  the  Far  East,  with  particular  atten- 
tion to  political,  commercial,  and  economic  tendencies.     In  the 

221 


OUR     FOREIGN     SERVICE 

written  examination,  composition,  grammar,  punctuation,  spelling, 
and  writing  will  be  given  attention. 

3.  To  become  eligible  for  appointment,  except  as  student  inter- 
preter, in  a  country  where  the  United  States  exercises  extraterri- 
torial jurisdiction,  the  applicant  must  pass  the  examination  out- 
lined above,  but  supplemented  by  questions  to  determine  his 
knowledge  of  the  fundamental  principles  of  common  law,  the  rules 
of  evidence,  and  the  trial  of  civil  and  criminal  cases. 

4.  The  examination  to  be  given  candidates  for  appointment  as 
student  interpreters  will  follow  the  same  course  as  in  the  case  of 
other  consular  officers,  provided,  however,  that  no  one  will  be 
examined  for  admission  to  the  consular  service  as  a  student  inter- 
preter who  is  not  between  the  ages  of  nineteen  and  twenty-six, 
inclusive,  and  unmarried ;  and,  provided  further,  that  upon  ap- 
pointment each  student  interpreter  shall  sign  an  agreement  to  con- 
tinue in  the  service  so  long  as  his  services  may  be  required,  with- 
in a  period  of  five  years. 

5.  Upon  the  conclusion  of  the  examinations  the  names  of  the 
candidates  who  shall  have  attained  upon  the  whole  examination  an 
average  mark  of  at  least  eighty,  as  required  by  the  Executive  or- 
der, will  be  certified  by  the  Board  to  the  Secretary  of  State  as 
eligible  for  appointment  in  the  consular  service,  and  the  success- 
ful candidates  will  be  informed  that  this  has  been  done. 

6.  The  names  of  candidates  will  remain  on  the  eligible  list  for 
two  years,  except  in  the  case  of  such  candidates  as  shall  within 
that  period  be  appointed  or  shall  withdraw  their  names.  Names 
which  have  been  on  the  eligible  list  for  two  years  will  be  dropped 
therefrom  and  the  candidates  concerned  will  not  again  be  eligible 
for  appointment  unless  upon  fresh  application,  designation  anew 
for  examination,  and  the  successful  passing  of  such  second  ex- 
amination- Huntington  Wilson, 

Third  Assistant  Secretary  of  State. 
Wilbur  J.  Carr, 

Chief,  Consular  Bureau. 
F.  M.  Kiggins, 
Chief  Examiner,  Civil  Service  Commission. 
Department  of  State, 

Washington,  December  13,  1906. 

222 


APPENDIX 

SAMPLE  EXAMINATION  PAPERS 
(Consular  service  examinations  of  March  14  and  15,  1907.] 

ORAL  EXAMINATION 

The  oral  examination  is  addressed  to  discover  the  character, 
disposition,  address,  manners,  health,  personal  appearance,  readi- 
ness, judgment,  discretion,  resourcefulness,  accuracy  of  informa- 
tion, experience,  and  business  capacity  of  the  candidates. 


WRITTEN   EXAMINATION. 

Examination  No., 

DECLARATION  SHEET. 

Directions:  Write  the  examination  number,  which  is  given 
above,  on  the  accompanying  envelope,  and  also  on  your  prelim- 
inary sheet  and  on  each  sheet  of  the  examination.  Make  no  error 
in  transcribing  this  number,  because  it  is  the  Department's  only 
means  of  identifying  the  examination  sheets. 

Fill  all  blanks  on  this  sheet. 

Write  all  answers  and  exercises  with  ink. 

Write  your  name  on  no  other  sheet  than  this. 

Carefully  fold  this  sheet  in  three  folds,  then  place  it  in  the  en- 
velope and  seal  the  envelope. 

DECLARATION. 

/  declare  upon  my  honor  that  the  answers  to  the  following 
questions  are  true,  to  the  best  of  my  knowledge  and  belief. 

Question  i.  What   is  your   name  ?    


(Write  your  first  name  in  full,  your  mid- 
dle initial  or  initials,  if  you  have  any,  and  your  surname  in  full.) 

223 


OUR     FOREIGN     SERVICE 

Question  2.  What   examination    have   you   been  authorized   to 
take? 

(Give  exact  title  of  examination.) 
Question  j.  When  and  where  were  you  born? 

(Month.)    (Day.)     (Year.)    (City  or  town.)    (County.)     (State.) 

Question  4.  Where  is  your  legal  residence  and  how  long  have 
you  been  a  legal  resident  there? 

(City  or  town.)       (County.)       (State.)       (Years.)       (Months.) 
Question  5.  Are  you  now  in  physical  condition  to  justify  you  in 
taking  this  examination  at  this  time. 


(Signature)    

Street,  

(No.)  (Street.) 

City  or  Town, 

County,  

State,  


224 


APPENDIX 


PRELIMINARY  SHEET 

INSTRUCTIONS  TO  COMPETITORS 

Two  days  of  six  consecutive  hours  each,  exclusive  of  the  inter- 
missions noted  below,  are  allowed  for  this  examination,  which 
comprises  this  preliminary  sheet  and  eight  numbered  sheets. 

The  first  four  subjects  will  be  given  on  the  first  day  and  the  re- 
maining subjects  on  the  second  day. 

REPORT  OF  RATINGS 

(N.  B. — The   competitor  should  not  write  in  the  form  below.) 


Subjects. 


First  day 

-French,    German    or 


1.  Modern    languages 

Spanish      

2.  International,   maritime,   and   commercial 

law    


Aver- 
ages. 


(Intermission,    one   hour.) 

3.  Political    and   commercial    geography. 

4.  Arithmetic   


Second   day. 

Natural,  industrial,  and  commercial  re- 
sources and  commerce  of  the  United 
States   

Political    economy 


7- 


(Intermission,  one  hour.) 

American  history,   government,  and  insti 

tutions    

8.   Modern   history   (since    1850)   of  Europe, 
South  America  and  the  Far  East. . .  . 

Total    

Average   percentage    on    educational   test.  .  . 

Oral  test   

Total    

Average  percentage    


Rela- 
tive 
wgts. 


Products  of 
averages 

multiplied  by 
weights. 


For.  Serv. — 15. 


225 


OUR     FOREIGN     SERVICE 

SERIES  No.  1— SHEET  i 

FIRST  SUBJECT — MODERN  LANGUAGES. 

Make  a  close  translation  of  one  (and  only  one)  of  the  following 
into  idiomatic  English. 

Bruxelles,  le  i  Janvier,  1906. 
Messieurs  A.  et  Co.,  a  Londrcs: 

J'ai  I'honneur  de  vous  envoyer  ci-inclus  une  circulaire  de  mon 
etablissement  dans  cette  ville  comme  libraire-editeur  et  je  profite 
de  cette  occasion  pour  vous  exprimer  le  plaisir  que  j'aurais  de 
pouvoir  entrer  en  relations  avec  votre  honorable  maison.  Je  ferai 
mon  possible  pour  obtenir  votre  faveur  tant  par  mes  efforts  pour 
placer  et  mettre  en  circulation  toutes  les  publications  que  vous 
\oudrez  bien  m'envoyer,  que  par  I'execution  ponctuelle  de  mes 
obligations.  Pour  justifier  mes  titres  a  votre  confiance,  je  prends 
la  liberte  de  me  refere  a  MM.  H.  et  Cie  qui  peuvent  vous  donner 
tons  les  renseignements  desirables  a  mon  egard.  Je  vous  envoie 
en  meme  temps  une  liste  de  mes  publications  nouvelles  actuelle- 
ment  sous  presse,  avec  les  specimens  du  papier  et  de  I'impression. 
Dans  I'esperance  d'etre  honore  de  vos  ordres,  je  vous  prie,  Mon- 
sieur, d'agreer  I'assurance  de  ma  parfaite  consideration. 

P.  D. 

Manchester,  Sep.  12,  1906. 
Herrn  J.  M.,  London: 

Dieser  Brief  wird  Ihnen  hofifentlich  durch  Herrn  J.  T.,  welcher 
zuletzt  in  Brunswick,  New  Jersey,  lebte,  personlich  iiberreicht 
werden.  Vor  zwei  Jahren  war  Herr  J.  T.  im  Geschaft  des  Herrn 
A.  B.,  wo  ich  das  Vergniigen  hatte,  seine  Bekanntschaft  zu  mach- 
en.  Ihre  Aufmerksamkeit  gegen  ihn  als  einen  Fremden  wiirde 
mir  besonders  angenehni  sein,  und  ich  erlaube  mir,  ihn  Ihrer 
freundlichen  Beriicksichtigung  zu  empfehlen.  Er  wird  Ihnen  per- 
sonlich seine  Absichten  und  Wiische  mitteilen,  und  Sie  wiirden 
mich  zu  Dank  verpflichten,  wenn  Sie  ihn  in  denselben  unterstiitz- 
ten.  Mit  vorziiglicher  Hochachtung  zeichne  ich  Ihr  ergebener 
Diener. 

E.  B. 

226 


APPENDIX 

Amberes,  30  de  Agosto,  igo6. 
Sr.  D.  C.  M.,  Pernambuco. 

MuY  Senor  nuestro:  Tenemos  el  gusto  de  poner  a  la  dispo- 
sicion  de  V.  nuestra  Casa  Agencia  General  de  Comision  que,  con 
sucursales  en  Espafia,  Francia,  Italia,  Inglaterra  y  Alemania, 
acabamos  de  establecer  bajo  la  razon  social:  V.,  H.  y  Cia.  Nues- 
tras  muchas  relaciones  con  los  mejores  fabricantes  y  manufac- 
tureros  de  los  paises  arriba  mencionados  y  principales  casas  de 
Banco,  nos  permiten  encargarnos  de  toda  clase  de  negocios  con  la 
asiduidad  y  esmero  que  pueda  apetecerse.  Las  ordenes  con  que 
V.  se  sirva  honrarnos  recibiran  nuestra  mejor  atencion,  y  las  bases 
bajo  cuales  se  realicen  nnestras  operaciones  seran  todo  lo  venta- 
josas  que  permita  el  interes  de  ambos.  Con  este  motivo  nos  of- 
recemos  de  V. 

S.  S.  Q.  B.  S.  M., 

v.,  H.  Y  Cia. 

Make  an  idiomatic  translation  of  the  following  into  the  lan- 
guage chosen  by  you  above : 

Paris,  September  j,  1906. 
Messrs.  V.  &  Son,  Brussels. 

Sirs:  The  high  reputation  enjoyed  by  your  firm  makes  me 
very  desirous  of  entering  into  business  relations  with  you,  if  pos- 
sible, and  I  consequently  offer  you  my  services  in  the  purchases 
that  you  may  think  advisable  to  make  in  our  market.  Finding 
myself  for  a  number  of  years  in  almost  daily  communication  with 
the  principal  manufacturers  of  our  town  and  suburbs,  and  always 
in  touch  with  anything  new  that  may  be  brought  out,  I  think  that 
I  may  safely  say  that  my  services  would  be  of  some  value  to  you, 
and  that  you  would  have  reason  to  be  satisfied  with  the  terms  up- 
on which  I  could  obtain  goods  for  you. 

Awaiting  a  favorable  reply,  I  am, 

Very  truly  yours, 

F.  C. 


227 


OUR     FOREIGN     SERVICE 


SERIES  NO.  I.— SHEET  2 

SECOND      SUBJECT — NATURAL,      INDUSTRIAL,      AND     COMMERCIAL      RE- 
SOURCES    AND    COMMERCE    OF    THE     UNITED     STATES. 

Question  i.  What  causes  have  contributed  to  the  growth  of  the 
iron  and  steel  industries  in  the  United  States? 

Question  2.  In  1855  the  price  per  barrel  of  flour  in  New  York 
was  $12 ;  at  the  close  of  the  century  it  was  less  than  $5.  How  was 
the  decrease  in  price  brought  about? 

Question  J.  (a)  What  is  the  rank  of  the  United  States  in  agri- 
culture, mining,  manufacturing,  and  merchant  marine?  (b) 
What  is  our  rank  in  export  trade  ? 

Question  4.  State  some  of  the  requirements  for  the  develop- 
ment of  a  large  foreign  commerce,  and  what  countries  are  our 
chief  competitors  for  foreign  trade? 

Question  5.  Name  the  States  or  cities  as  called  for  below  which 
lead  in  the  production  or  manufacture  of  the  following: 

Wheat    (two   States)    

Rice  (two  States)    

Tobacco   (two  States)    

Meat   products    (two   cities)     

Leather   (one  city)    

Glass    (one   city)     

Gold    (two  States)    

Silver   (two  States)    

Sheep  (two  States)    

Agricultural  implements  (one  city)    

Boots  and  shoes   (city   

Cotton  goods   ( State  and  city)    


228 


APPENDIX 

SERIES  No.  I.— SHEET  3 

THIRD  SUBJECT — POLITICAL  ECONOMY 

Question  I. (a)  Define  political  economy.  (b)  Name  thret 
great  works  on  this  subject. 

Question  2.  Of  what  advantage  to  a  consul  is  a  knowledge  oi 
the  principles  of  political  economy? 

Question  j.  State  some  of  the  principal  reasons  for  taking  at 
stated  times  a  census  of  population  and  industries,  especially  with 
reference  to  manufactures  and  agriculture. 

Question  4.  (a)  State  some  of  the  advantages  of  foreign  ex- 
change in  canceling  indebtedness  between  merchants  of  different 
countries. 

(&)  Why  is  exchange  on  London  or  New  York 
preferable  to  exchange  on  smaller  cities? 

Question  5.  What  are  principal  reasons  for  the  development  of 
trade  between  different  countries? 


SERIES  No.  I.— SHEET  4 

FOURTH  SUBJECT — INTERNATIONAL,  MARITIME  AND  COMMERCIAL  LAW 

Question  i.  Define  international  law,  and  distinguish  between 
public  and  private  international  law. 

Question  2.  The  United  States  having  declared  its  neutrality  in 
a  given  case,  may  an  American  citizen  build,  equip,  and  sell  a  war 
vessel  to  either  belligerent?     If  so,  under  what  conditions? 

Question  3.  What  were  the  rules  adopted  at  the  Declaration  of 
Paris? 
Question  4.   (a)  Define  citizenship  and  domicile. 

(b)  What  are  the  effects  of  naturalization  upon  the 
status  of  the  individual  (i)  in  the  country  of 
his  birth ;  (2)  in  the  country  of  his  adoption  ; 
(3)  in  other  countries? 
(c) Discuss  the  nationality  of  married  women. 
229  , 


OUR     FOREIGN     SERVICE 

Question  5.  (a)  Give  three  conditions  essential  to  the  validity 
of  a  treaty. 

(6)   Distinguish  between  a  de  facto  and  a  de  jure 
government. 

Question  6.  In  general,  what  papers  are  necessary  to  deter- 
mine  the  nationality  of  a   vessel? 

Question  7.  Define  the  statute  of  (0)  public  vessels  and  their 
crews  while  in  foreign  waters;  (fc)  private  vessels  and  their  crews 
while  in  foreign  waters. 

Question  8.  What  is  meant  by  (a)  salvage,  (6)  demurrage,  (c) 
general  average,  (d)  bottomry? 

Question  9.  What  is  (a)  a  bill  of  lading,  (&)  an  invoice,  (c)  a 
power  of  attorney,  (d)  a  draft? 

Question  10.  (a)  What  is  a  foreign  bill  of  exchange?  (&) 
Name  the  three  original  parties  to  a  bill  of  exchange,  (c)  Dis- 
cuss briefly  the  liabilities  of  an  agent  and  his  principal. 


SERIES   No.   I.— SHEET  5 

FIFTH    SUBJECT — AMERICAN    HISTORY,  GOVERNMENT,    AND 

INSTITUTIONS 

Question  i.  How,  when,  and  from  whom  was  (a)  the  con- 
tiguous territory  of  the  United  States  acquired;  (b)  the  non-con- 
tiguous   territory  ? 

Question  2.  (a)  By  what  treaty  was  the  War  of  1812  with 
Great  Britain  terminated? 

(b)  When  was  that  treaty  signed  and  when  was  it 

ratified? 

(c)  What   important  battle  was   fought  after  the 

treaty  was  signed,  and  by  whom  were  the  op- 
posing forces  in  that  battle  commanded? 
Question  3.  How  is  the  President  of  the  United  States  chosen, 
and  what  are  the  constitutional  requirements  for  eligibility  to  the 
Dffice? 

230 


APPENDIX 

Question  4.  Name  the  executive  departments  of  the  federal 
government,  and  state  the  principal  functions  of  each. 

Question  5.  Where  in  the  American  government  is  the  treaty- 
making  power  vested? 


SERIES  No.  I.— SHEET  6 

SIXTH    SUBJECT — POLITICAL  AND  COMMERCIAL  GEOGRAPHY 

Question  i.  What  countries,  independent  or  otherwise,  border 
on  the  Mediterranean  Sea? 

Question  2.  Under  what  sovereignty  are  the  following  places : 
Jerusalem,  Hongkong,  Vladivostok,  Montevideo,  Havre,  Calcutta, 
the  Azores,  Yokohama,  Veracruz,  Mukden,  Johannesburg,  Chris- 
tiania,  Antwerp,  Edinburgh,  Halifax,  Tangier? 

Question  3.  What  country  produces  the  largest  supply  (o)  of 
cane  sugar,  (&)  of  beet  sugar?  (c)  Name  the  country  which  re- 
fines the  most  petroleum,  {d)  the  one  which  is  the  largest  export- 
er of  raw  silk,  and  {e)  the  one  which  makes  the  most  wine. 

Question  4.  What  is  the  principal  export  of  (a)  Argentine  Re- 
public, (fe)  Brazil,  (c)  Chile? 

Question  5.  (a)  Name  the  bodies  of  water  through  which  a 
ship  would  pass  on  the  shortest  all-water 
route  going  from  Bombay,  India,  to  Dover, 
England, 
(b)  Name  the  two  chief  exports  the  ship  would 
carry  to  England. 


SERIES  No.  I.— SHEET  7. 

SEVENTH    SUBJECT — ARITHMETIC 

Question  i.  The  following  is  the  number  of  tons  of  exports  of 
the  articles  named  from  the  Straits  Settlements  to  the  countries 

231 


OUR     FOREIGN     SERVICE 

named  for  the  year  1905,  as  furnished  by  the  Consul-General  at 
Singapore.  Find  the  total  number  of  tons  of  each  article  and 
the  grand  total  number  of  tons  for  all  the  articles. 


Articles. 


Gambier     

Gutta-percha     .  .  . 
Gutta-jeletong    .  . 

Hides   

Rattans    

Tin   

Grand  total. 


"O  in 
u  (U 


iju) 


13,281 
419 

10,425 
208 

4,750 
16,879 


a 
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9,490 
1,154 

835 

2,016 
2,399 
31.512 


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821 

798 

510 

9,756 

8,492 


o 


.  Question  2.  During  the  month  of  May,  1906,  Asa  Asher  had  the 
following  transactions  with  Ashton  &  Co. :  On  May  i,  he  owed 
them  a  balance  on  account  of  $79.70.  May  3,  they  sold  him  46  bu. 
com  at  47^/2  ct.  per  bushel.  May  8,  he  gave  them  a  note  for  $175.- 
80.  May  12,  he  sold  them  8^  doz.  chickens  at  38  ct.  each.  May 
17,  they  sold  him  a  plow  for  $36.75.  May  22,  he  paid  them  $16.75 
in  cash.  I\Iay  24,  he  completed  18  days'  hauling  for  them  at  $4.50 
a  day  and  was  credited  on  account  by  them.  May  27,  he  bought 
of  them  4  kegs  of  syrup,  each  containing  10  gals.,  at  37^2  ct.  per 
gallon.  May  28,  he  sold  them  2,416  lb.  hay  at  $14.50  per  ton  of  2,- 
000  lb.  May  31,  they  gave  him  a  note  of  $750,  which  he  accepted 
at  a  discount  of  $11.25. 

Make  in  the  form  below  an  itemized  statement  of  the  above 
account  as  it  should  appear  taken  from  the  books  of  Asher ;  make 
a  proper  heading;  close  the  account;  and  bring  down  the  balance 
as  it  should  have  appeared  June  i,  1906. 


232 


APPENDIX 


in  account  with. 


Question  j.  From  the  Straits  Settlements  year  before  last  504 
tons  of  coffee  were  exported  to  the  United  States  and  834  tons  to 
Continental  Europe;  this  was  14  2-7%  less  to  the  United  States 
and  165^  %  less  to  Continental  Europe  than  last  year.  What  was 
the  difference  in  the  number  of  tons  exported  from  the  Straits 
Settlements  to  these  two  countries  last  year? 

Question  4.  What  is  the  cost,  in  U.  S.  money,  including  duty, 
of  360  kilos  woolen  yarn  invoiced  at  £49,  the  rates  of  duty  being 
as  follows : 

If  valued  at  not  over  30  ct.  per  lb.,  271/^  ct.  per  lb.  and  40%  of 
the  invoice  value. 

If  valued  at  over  30  ct.  per  lb.,  38H  ct.  per  lb.  and  40%  of  the 
invoice  value. 

(i  kilo=2.2046  lb.;  £i=$4.8665.) 

(Absolute  exactness  is  required,  and  all  of  the  work  of  deter- 
mining the  rate  of  duty  should  be  given.) 


SERIES  No.  I.— SHEET  8 


EIGHTH  SUBJECT — MODERN   HISTORY    ( SINCE  1850)    OF  EUROPE,   SOUTH 
AMERICA,   AND  THE   FAR   EAST 


\jucsuon  I.  orieny  aescnoe  the   features  which  have  been  no- 
ticeable in  the  government  and  development  of  South  American 

^33 


Question  i.  Briefly  describe 
in  th( 
republics 


OUR     FOREIGN     SERVICE 

Question  2.  With  what  countries  and  events  do  you  associate 
the  following:  Alexander  II;  Bismarck;  Marquis  Ito;  Dom 
Pedro;   Cecil   Rhodes;   Thiers;   Garibaldi;    Maximilian? 

Question  3.  Briefly  describe  the  form  of  government  of  the 
German  Empire. 

Question  4.  What  causes  led  up  to  the  Russo-Japanese  War, 
and  what  were  its  results  ? 


234 


APPENDIX 


PRESENT    CONSULAR    SERVICE    OF    THE     UNITED 

STATES. 

CONSULS-GENERAL    AT    LARGE. 


Name. 


Whence 
appoint- 
ed. 


George  H.  Murphy    

For  North  America,  including  Mexico, 
and  the  Bermudas. 

Flemingr  D.   Cheshire .  . 

For  eastern  Asia,  including  the  Straits 
Settlements,  .\ustralia,  Oceanica, 
and  the  islands  of  the  Pacific. 

Albert  B.  Morawetz .  .  . 

For  South  America,  Central  America, 
the  West  Indies,  and  Curacao. 

Alfred  L.  M.  Gottschalk    

For  European  Russia,  the  Balkan 
States,  Greece,  Asia  Minor,  Persia, 
India  (as  far  as  the  western  frontier 
of     the     Straits     Settlements),     and 

Silas  C.  McFarland 

For    Europe,   excepting   European   Rus- 
sia, the  Balkan  States,  and  Greece. 


iN.   C. 


N. 


Ariz. 


N.  Y. 


Iowa 


Date  of 
commission. 


Salary. 


May  23,  1906 


May  24,  1906 


Aug.    14,    1907 


Mar.  16,  1908 


June  10, 1908 


$S.ooo 


S.ooo 


S.ooo 


S.ooo 


S.ooo 


235 


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APPENDIX 
FORMS 

INVOICE. 


Invoice  of 

by  

from  

to  be  shipped  per 


..,  190 

purchased 


.,  of. 
.,of. 


Marks 
and 
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Description. 

Price. 

Amount. 

Consular 
Corrections. 

1 

{Signature  of  purchaser  or  seller  or  agent  of  either.) 


(Form  No.  140.) 
CONSULAR  CERTIFICATE. 


/,  the  undersigned, 

of  the  United  States  of  America,  do  hereby  certify  that,  on  this 
day  of ,  A.  D.  \go 

the  invoice  described  in  the  indorsement  hereof  was  produced  to 
me  by  the  signer  of  the  annexed  declaration. 

I  do  further  certify  that  I  am  satisfied  that  the  person  making 
the  declaration  hereto  annexed  is  the  person  he  represents  himself 
to  be,  and  that  the  actual  market  value  or  wholesale  price  of  the 
merchandise  described  in  the  said  invoice  in  the  principal  markets 


OUR     FOREIGN     SERVICE 

of  the  country  at  the  time  of  exportation  is  correct  and  true, 
excepting  as  noted  by  me  upon  said  invoice,  or  respecting  which 
I  shall  make  special  communication  to  the  proper  authorities. 
I  further  certify 


Witness  my  hand  and  seal  of  ofUce  the  day  and  year  aforesaid. 
Received ,  equal  to  $2.50  U.  S.  gold. 


of  the  United  States  of  America. 


(Form  No.  138.) 

DECLARATION  OF  PURCHASER  OR  SELLER  OR  DULY 
AUTHORIZED  AGENT  OF  EITHER. 


/,  the  undersigned,  do  solemnly  and  truly  declare  that  I  am  the 

of  the  merchandise 

in  the  within  invoice  mentioned  and  described;  that  the  said 
invoice   is  in   all  respects   correct   and   true,  and  was   made   at 

,  whence   said 

merchandise  is  to  be  exported  to  the  United  States  of  America; 
that  said  invoice  contains  a  true  and  full  statement  of  the  time 
when,  the  place  zvhere,  and  the  person  from  whom  the  same  was 
purchased,  and  the  actual  cost  thereof,  price  actually  paid  or  to  be 
paid  therefor,  and  all  charges  thereon;  that  no  discounts,  bounties, 
or  draivbacks  are  contained  in  said  invoice  but  such  as  have  been 
actually  alloived  thereon;  that  no  different  invoice  of  the  mercluxn- 

276 


APPENDIX 

dise  mentioned  in  said  invoice  has  been  or  will  be  furnished  to 
anyone,  and  that  the  currency  in  which  said  invoice  is  made  out  is 
that  which  was  actually  paid  or  is  to  be  paid  for  said  merchandise. 
I  further  declare 


/  further  declare  that  it  is  intended  to  make  entry  of  said  merchan- 
dise at  the  port  of 

in  the  United  States  of  America. 

Dated  at  ,  this 

day    of ,    igo 


INVOICE. 


Invoice  of. 

to 

account  of. . . 
per 


190    . 

consigned 

.  at ,  for  sale  on 

.,  shipped  by 


Marks 
and 
Num- 
bers. 


Description. 


Value. 


Amount. 


Consular 
Corrections. 


{Signature  of  owner  or  agent.) 


^77 


OUR     FOREIGN     SERVICE 


(Form  No.   140.) 
CONSULAR  CERTIFICATE. 


/,  the  undersigned, 

of  the  United  States  of  America,  do  hereby  certify  that,  on  this 

day  of    ,  A.   D.   190 

the  invoice  described  in  the  indorsement  hereof  ivas  produced  to 
me  by  the  signer  of  the  annexed  declaration. 

I  do  further  certify  that  I  am  satisfied  that  the  person  making 
the  declaration  hereto  annexed  is  the  person  he  represents  himself 
to  be,  and  that  the  actual  market  value  or  ivholesale  price  of  the 
merchandise  described  in  the  said  invoice  in  the  principal  markets 
of  the  country  at  the  time  of  exportation  is  correct  and  true, 
excepting  as  noted  by  me  upon  said  invoice,  or  respecting  zvhich 
I  shall  make  special  communication  to  the  proper  authorities. 
I  further  certify  


that  a  fee  of  $2.50  United  States  gold,  equal  to , 

(Local  currency.) 
has  been  paid  by  affixing  stamps  to  the  duplicate  copy  of  this  doc- 
ument. 

Witness  my  hand  and  seal  of  oMce  the  day  and  year  aforesaid. 


of  the  United  States  of  America. 
278 


A  P  1^  E  N  D  1  X 


(Form  No.  139.) 

DECLARATION  OF  OWNER  OR  HIS  DULY  AUTHOR- 
IZED AGENT  COVERING  GOODS  SHIPPED  WITH- 
OUT SALE. 


/,  the  undersigned .  do  solemnly  and  truly  declare  that  I  am  the 

of  the  merchandise 

in  the  within  invoice  mentioned  and  described;  that  the  said 
invoice  is  in   all   respects   correct  and   true,  and   was   made   at 

whence  said 

merchandise  is  to  be  exported  to  the  United  States  of  Am.erica; 
that  said  invoice  contains  the  actual  market  value  or  wholesale 
price  of  the  said  merchandise  at  the  date  hereof  in  the  principal 

markets  of ; 

that  said  actual  market  value  is  the  price  at  zuhich  the  merchandise 
described  in  the  invoice  is  freely  offered  for  sale  to  all  purchasers 
in  said  markets,  and  that  it  is  the  price  which  I  would  have  re- 
ceived, and  was  zvilling  to  receive,  for  such  merchandise  sold  in  the 
ordinary  course  of  trade  in  the  usual  zvholesale  quantities,  and  that 
it  includes  all  charges  thereon  and  the  actual  quantity  thereof,  and 
that  no  different  invoice  of  the  merchandise  mentioned  in  the  said 
invoice  has  been  or  will  be  furnished  to  anyone.  I  further  declare 
that  it  is  intended  to  make  entry  of  said  merchandise  at  the  port  of 

in  the  United  States  of  America.    I  further  declare 


Dated  at ,  this 

day  of igo    . 


279 


OUR     FOREIGN     SERVICE 


(Form  No.  150.) 


CERTIFICATE  OF  CONSIGNEE  OF  LANDING  OF  MER- 
CHANDISE AT  FOREIGN  PORT. 


I, ,   of , 

do  hereby  certify  that  the  goods  or  merchandise  hereinafter  de- 
scribed have  been  landed  at ,  between  the 

and days  of 190,    , 

from  on  board  the ,  of 

,    whereof 

is  at  present  master,  viz  : 


Marks. 

Num- 
bers. 

Description   of   Goods. 

Value. 

According  to  the  bills  of  lading,  the  same  were   shipped  on 

board  the at  the  port  of , 

in  the  United  States  of  America,  on  or  about  the day 

of ,  190    ,  and  consigned  to 

by of ,  merchant. 

Given  under  my  hand  at ,  this 

day  of ,190    . 


280 


APPENDIX 


(Form  No.  151.) 


CONSULAR  VERIFICATION  OF  CONSIGNEE'S 
CERTIFICATE. 


I, • of  the  United  States  of 

America  at ,  do  declare  that  the 

facts  set  forth  in  the  foregoing  declaration  are,  to  the  best  of 
my  knowledge,  true  and  correct,  and  deserving  full  faith  and 
credit;  and  I  further  certify  that  the  signature  thereto  is  in  the 

handwriting  of  said 

In   testimony   whereof  I   have  hereunto   subscribed   my 

name  and  affixed  the  seal  of  my  office  at 

,  this day  of ,190    . 


of  the  United  States. 

Consular  fee, ,  equal  to  $2.50. 


(Form  No.  153.) 

OATH  OF  MASTER  AND  MATE  OF  EXPORTING 

VESSEL. 


We, master  and , 

mate,  of  the .of , 

lately  arrived   from  the  port  of   , 

in  the  United   States  of  America,   do   solemnly   swear  that  the 

281 


OUR     FOREIGN     SERVICE 

goods  or  merchandise  enumerated  and  described  in  the  preceding 
certificate  were  actually  delivered  at  the  said  port  from  on  board 
the  said  vessel  within  the  time  specified  in  the  said  certificate,  and, 
as  to  the  tobacco  and  snuff  described  therein,  that  the  weight 
stated  was  ascertained  by  actual  weighing  at  the  time  of  delivery. 


.,  Master. 


Sworn  [or  affirmed]  at  the  port  of 

before  me  this day  of ,  190 

[seal.] 


*NoTE. — In  all  cases,  the  oath  of  the  master  and  of  the  mate  must  be  ob- 
tained. In  the  case  of  goods  subject  to  internal  revenue  tax  the  affidavit 
of  the  purser  or  other  discharging  officer  may  be  substituted  for  that  of 
mate. 

In  case  of  failure  to  execute  the  foregoing  at  the  port  of  delivery  of 
the  goods,  the  same  may,  upon  the  return  of  the  vessel  at  the  port  of 
shipment,  be  subscribed  to  before   the  collector   of   the  port. 


(Form  No.  154.) 
CERTIFICATE  OF  FOREIGN  REVENUE  OFFICER. 


Port  of. 


,  190    . 

I  do  hereby  certify  that  the  goods  or  merchandise  described  in 
the  foregoing  declaration  and  below,  imported  into  this  country 

from ,    were    landed    at   this 

port,  duly  entered  at  the  custom-house  at  this  port  on  the 

day  of 190    ,  and  their  value*  ascertained 

to  be ,  and  that  the  duties  imposed  by  the 


*The   value   stated   should   be    that    of   the   goods    in    the    foreign   country 
to  which   they   were  exported. 

282 


APPENDIX 

laws  in  force  in  this  country  upon  said  goods  have  been  paid  or 
secured  to  be  paid : 


Marks. 

Numbers. 

Description  of   Goods. 

Date  When 
Entered. 



' 

1 

t 

' 

i 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal 

of  office  this  day  of  ,  190    , 

[seal.] 


Collector  or  Chief  Revenue  Officer. 


(Form  No.  36.) 

CERTIFICATE  TO  BE  ATTACHED  TO  DOCUMENTARY 
EVIDENCE  ACCOMPANYING  REQUISITIONS  IN 
THE  UNITED  STATES  FOR  EXTRADITION. 


,19      . 

/, of 

the  United  States  at  ,  hereby  certify 

that  the  annexed  papers,  being  

proposed  to  be  used  upon  an  application  for  extradition  from  the 

United  States  of ,  citarged  with 

tJte   crime   of 

283 


OUR     FOREIGN     SERVICE 

alleged  to  have  been  committed  in ,  are 

properly  and  legally  authenticated  so  as  to  entitle  them  to  be  re- 
ceived   in    evidence    for    similar    purposes    by    the    tribunals    of 

,  as  required  by  the  Act  of 

Congress  of  August  3,  1882. 

In  witness  whereof  I  hereunto  sign  my  name  and  cause  my  seal 
the  oificc  to  be  affixed  this day  of ,19    • 


.of  the  United  States. 


284 


Index 


285 


INDEX 
A 

ACCOUNTING. 

consular  officers,  121,  124. 

ACCOUNTS,  BUREAU  OF.  34. 

ACKNOWLEDGMENT  OF  DEEDS,  154. 

ADAMS,  JOHN,  72,  112. 

ADAMS,  JOHN  QUINCY,  40,  105. 

ADEE,  ALVEY  A.,  29,  56. 

ADVANCE  SHEETS, 
consular  reports,  159. 

AGE. 

candidates  for  consular  appointments,  125. 

ALIENS. 

claims  of,  21. 

AMBASSADORS. 

appointment,  2,  50,  62. 
rank  and  precedence,  50. 
reception,  83,  85. 
salaries,  57. 

AMBASSADORS,  SPECIAL,  52. 

AMERICAN  CITIZENS, 
registration,  147. 
passports,   149. 
protection,  147. 

287 


OUR     FOREIGN     SERVICE 

AMERICAN  DIPLOMACY, 
character  of,  49,  111.  ^ 

AMERICAN  DIPLOMATISTS,  49,  111. 

standard  of  conduct  established  by  Washington,  49. 
Secretary  Hay's  rule,  49. 

AMERICAN  JOURNAL  OF  INTERNATIONAL  LAW,  204. 

AMERICAN  REPUBLICS,  BUREAU  OF,  37. 

AMERICAN  SEAMEN,  143. 

AMERICAN   SOCIETY   OF  INTERNATIONAL  LAW,   204. 

AMERICAN  VESSELS. 

lists  of  kept  by  consular  officers,  143. 

APPENDIX,  207. 

regulations  governing  examinations  for  office  of  secretary 
of  embassy  or  legation,  208. 

regulations  governing  appointments  and  promotions  in  con- 
sular service,  217. 

regulations  governing  examinations  in  consular  service,  221. 

present  diplomatic  service,  211. 

present  consular  service,  235. 

forms,  275. 

APPLICATIONS  FOR  OFFICE. 

custody  of,  35. 

APPOINTMENT. 

of  consular  officers,  2,  123-132. 

as  administrator  of,  to  other  foreign  office  of  trust,  153. 

APPOINTMENTS,  BUREAU  OF,  35. 

APPROPRIATIONS, 
custody  of,  34. 

288 


INDEX 

ARBITRATION,  22. 

ARBITRATIONS,  INTERNATIONAL  DIGEST  OF,  199. 

ARCHIVES. 

inviolability  of,  137. 

ARTICLES  OF  CONFEDERATION,  35. 

ASSISTANT  SECRETARIES. 
See  Second  Assistant  Secretary^;  Third  Assistant   Secre- 
tary. 

ASSISTANT  SECRETARY  OF  STATE,  28. 

ASSISTANT  SOLICITORS.  3L 

AUTHENTICATION. 

extradition  papers,  97,  151. 

AUTHENTICATIONS. 

See  Citizenship,  Bureau  of,  34. 

B 

BIBLIOGRAPHY,  197. 

BILLS  OF  HEALTH,  142. 

BISMARCK.  PRINCE, 
diplomacy  of,  49. 

BOARD  OF  EXAMINERS, 
consular  ser\'ice,  125. 
secretaries  of  embassy  and  legation,  208. 

BOND. 

consular,  133. 

in  case  of  appointment  to  office  of  trust  in  foreign  country, 

153. 
For.  Serv. — 19.  280 


OUR     FOREIGN     SERVICE 

BOWEN,  HERBERT  W.,  111. 

BUREAU  OF  ACCOUNTS,  34. 

BUREAU  OF  THE  AMERICAN  REPUBLICS,  37. 

BUREAU  OF  APPOINTMENTS,  35. 

BUREAU  CHIEFS. 

qualifications,  Zl . 

BUREAU  OF  CITIZENSHIP,  34. 
BUREAU,  CONSULAR,  32. 
BUREAU,  DIPLOMATIC,  32. 
BUREAU  OF  INDEXES  AND  ARCHIVES,  33. 
BUREAU  OF  MANUFACTURES,  160,  164. 
BUREAU  OF  ROLLS  AND  LIBRARY,  35. 
BUREAU  OF  TRADE  RELATIONS,  36,  160. 
BUREAUS,  DEPARTMENT,  32-36. 
BUSINESS  DIRECTORY  OF  WORLD,  104. 


CARD  INDEXES,  33,  165. 

CATALOGUES,  MANUFACTURERS',  165. 

CEREMONIOUS  LETTERS,  32. 

290 


INDEX 

CERTIFICATES,  146. 

Chinese  consular   authentication   of   evidence    in    extradition 

case,  151. 
landing,  140. 

returned  American  merchandise,  141. 
marriage,  152. 
to  invoices,  138. 
as  to  naturalization  of  American  citizen  abroad,  148. 

CERTIFICATES  OF  REGISTRATION  OF  AMERICAN  CIT- 
IZENS, 147. 

CERTIFICATION  OF  INVOICES,  119,  138. 

CHAMBERS   OF   COMMERCE,   CO-OPERATION   OF,    167, 
168. 

CHARGES  D'AFFAIRES,  51,  52. 
ad  interim,  64. 

CHIEF  CLERK,  31. 

CHILDREN  BORN  ABROAD, 
citizenship  of,  182. 
registration  of,  147,  183. 

CHINESE  CERTIFICATES,  146. 

CHINESE  EXCLUSION. 

duties  of  consular  officers,  146. 

CHINESE  SECRETARIES,  65. 

CIPHER,  107. 

CITIZENSHIP,  96,  146,  181-188. 
by  birth,  181. 

in  United  States,  181. 

to  American  father  abroad.  181. 

291 


OUR     FOREIGN     SERVICE 

CITIZENSHIP.— continued. 

dual  allegiance,  182. 
by  naturalization,  183-186. 

by  taking  out  formal  papers,  183. 

by  naturalization  of  parents,  184. 

by  marriage,  184. 

by  special  act  of  Congress,  185. 

by  treaty,  185. 

by  conquest,  186. 

by  admission  of  territory  to  statehood,  186. 
of  candidates  for  consular  examinations,  125. 
of  clerks,  66,  124. 

CITIZENSHIP,  BUREAU  OF,  34. 

CIVIL  SERVICE. 

as  applied  to  diplomatic  service,  67. 

CIVIL  SERVICE  LAW. 

applicability  to  consular  service,  125 

CLAIMS. 

presentation  of,  19. 

duties  of  diplomatic  officers,  97. 

function  of  Secretary  of  State,  19. 

arbitration  of,  see  Contractual  Claims,  21,  22^ 

CLAIMS  COMMISSIONS, 
records  of,  35. 

CLERK  HIRE,  CONSULAR,  136. 

CLERKS  AT  CONSULATES,  132. 
at  legations  and  embassies,  66. 

COMMERCE,  EXTENSION  OF,  157. 

COMMERCE  AND  LABOR,  DEPARTMENT  OF. 

compilation  and  publication  of  consular  reports  by,  159. 

292 


INDEX 

COMMERCIAL  DIRECTORY  OF  WORLD,  164. 

COMMERCIAL  INFORMATION,  94,  157. 

COMMERCIAL  INTELLIGENCE,  165. 

COMMERCAL  READING  ROOMS,  165. 

COMMERCIAL  RELATIONS, 
publication  of,  158. 

COMMERCIAL  REPORTS,  157. 

COMMISSIONS. 

execution  by  consuls,  154. 
preparation  of,  35. 

COMMITTEE  FOR  FOREIGN  AFFAIRS,  1. 

COMMITTEE  ON  FOREIGN  RELATIONS,  REPORTS  OF, 
200. 

COMMITTEE  OF  SECRET  CORRESPONDENCE,  L 

COMPLAINTS,  95. 

CONGRESS  OF  AIX  LA  CHAPELLE,  51. 

CONGRESS  OF  RYSWICK,  55. 

CONGRESS  OF  VIENNA,  51. 

CONSTITUTION,  CUSTODY  OF,  35. 

CONSULAR  AGENTS,  131. 

CONSULAR  ASSISTANTS,  12L 

CONSULAR  BUREAU,  Z2. 

293 


OUR  FOREIGN  SERVICE 

CONSULAR  CLERKS,  120. 

CONSULAR  CORPS,  120. 

CONSULAR  COURTS,  109,  156. 

CONSULAR  FEES,  119,  124,  16S-173. 

CONSULAR  INVOICES,  158. 

CONSULAR  OFFICERS,  117-168. 
appointments,  125,  129-132. 
duties,  act  of  1792,  119. 

act  of  1803,  119. 

act  of  1818,  119. 

act  of  1856,  120. 

act  of  1906,  123. 
duties  in  extending  commerce,  157. 

jurisdiction  in  relation  to  American  vessels  and  crews,  143 
duties  in  connection  with  tarifif,  13&-141, 
duties   in   relation   to  immigration,   145. 
duties  in  relation  to  estates  of  American  citizens,  119,  152. 
judicial,  156. 

privileges  and  immunities,  136. 
qualifications,  125,  138. 
salaries,   123. 
treaty  rights,  138. 

CONSULAR  REGULATIONS,  138. 

CONSULAR  REPORTS,  157-163. 

CONSULAR  SCHOOL,  133. 

CONSULAR  SERVICE,  117-168. 

control  of  by  Secretary  of  State,  27. 

CONSULS,  117-168. 
definition,   117. 
origin  of  system,  117. 

294 


INDEX 

CONSULS.— continued, 
in  United  States,  118. 
duties,  117-168. 
salaries,  118. 

CONSULS-GENERAL,   123,  129. 

CONSULS-GENERAL  AT  LARGE,  124,  129. 

CONTINENTAL  CONGRESS, 
records  and  papers  of,  35. 

CONTINGENT   EXPENSES, 
consular,  136. 

CONTRACT  LABORERS,  146. 

CONTRACTS,  FOREIGN.  163. 

CONTRACTUAL  CLAIMS,  20. 

CREDENTIALS,  32,  83. 


DAILY  CONSULAR  AND  TRADE  REPORTS,  160. 

DAY,  WILLIAM  R.,  91. 

DECLARATION  OF  INDEPENDENCE, 
custody  of,  35. 

de  LOME,  SENOR  DEPUY. 
recall  of,  90. 

DEPARTMENT  BUREAUS.  32-36. 

DEPARTMENT  OF  FOREIGN  AFFAIRS,  1.  1 

295 


OUR     FOREIGN     SERVICE 

DEPARTMENT  OF  STATE, 
origin,  1-4. 
functions,  3-36. 
officers  of,  27-32,  37. 
bureaus,  32-36. 
salaries,  28. 

DEPOSITIONS,  TAKING  OF,  65,  154. 
DEPUTY  CONSULAR  OFFICERS,  131. 

DESERTERS. 

duties  of  consular  officers,  144. 

DIPLOMACY. 

definitions  of,  45,  46. 
language  of,  70. 

DIPLOMACY,  AMERICAN,  49,  50,  111. 

DIPLOMATIC  BUREAU,  32. 

DIPLOMATIC  CAREER,  67,  68. 

DIPLOMATIC  CORPS,  106. 

DIPLOMATIC  CORRESPONDENCE,  198. 

DIPLOMATIC  CORRESPONDENCE  OF  AMERICAN  REV- 
OLUTION, 200. 

"DIPLOMATIC  DAY,"  39,  100. 

DIPLOMATIC  MISSIONS,  45,  48. 

DIPLOMATIC  OFFICERS. 

origin,  45. 

appointment,  62. 

qualifications,  66. 

rank  and  precedence,  50-57. 

296 


INDEX 

DIPLOMATIC  OFFICERS.— continued. 

privileges  and  immunities,  78. 
salaries,  57. 
duties,  general,  92. 
duties,  judicial,  109. 
duties,  social,  105. 

DIPLOMATIC  REPRESENTATIVES,  50-5Z 

DIPLOiMATIC  SERVICE,  45-113. 

DIPLOMATISTS, 
character  of,  46-48. 

DIPLOMATS. 

definition  of,  46. 

unscrupulous  conduct  of,  46-48. 

DIRECTORY,  COMMERCIAL,  164 

DISCHARGE  OF  SEAMEN,  143. 

DISPATCHES, 
definition  of,  5. 
form  of,  6,  7. 
style,  100-103. 

DIVISION  OF  FAR  EASTERN  AFFAIRS,  36. 

DRAFTS. 

of  diplomatic  papers,  etc.  1,  5. 

DUBOIS,  JAMES  T.,  140. 

DUTIES. 

consular  officers,  138-177. 
diplomatic  officers,  92. 
Department  of  State,  3-36. 

297 


OUR     FOREIGN     SERVICE 

E 

EFFICIENCY  RECORD,  CONSULAR,  127. 

ELLIOT,  HUGH,  46. 

EMBASSY  BUILDINGS,  59. 

EMERGENCY  FUND,  25. 

EMERGENCY  PASSPORTS,  95,   149. 

EMORY,  FREDERIC,  159. 

ENVOYS   EXTRAORDINARY   AND    MINISTERS    PLENI- 
POTENTIARY, 50,  52. 

EVARTS,  WILLIAM  M.,  39,  158. 

EXAMINATION  PAPERS  SAMPLE,  223. 

EXAMINATIONS. 

consular  service,  125. 

secretaries  of  embassy  and  legation,  64. 

EXEQUATUR,  134. 

EXPATRIATION,  18^188. 
by  desertion,   187. 

by  naturalization  in  foreign  slate,  187. 
by  taking  oath  of  allegiance  to  foreign  state,  187. 
by  marriage  of  American  woman  to  foreigner,  187. 
by  residence  in  foreign  country,   187. 

EXPORT  TRADE. 

consul's  duties  in  extension  of,  157. 

EXTENSION  OF  COMMERCE, 
duties  of  consuls,  157. 

298 


INDEX 

EXTRADITION. 

from  United  States, 

procedure,  14-17. 
from   foreign  country, 

procedure,    15,   16. 
functions  of  Secretary  of  State,  15-17. 
duties  of  solicitor,  31. 
duties  of  consuls,  150. 
duties  of  diplomatic  officers,  96. 

EXTRADITION   WARRANTS, 
preparation  of,  35. 

EXTRATERRITORIALITY. 

privileges  of  consuls  in  Oriental  countries,  137. 
of  legation  or  embassy,  83. 

EXTRATERRITORIAL   JURISDICTION. 

by  consuls,  156. 
by  ministers,  109. 


FAR  EASTERN  AFFAIRS,  DIVISION  OF,  29,  36. 

FEES. 

consular,  119,  124,  168. 
notarial,  155. 

FEE-STAMPS,   174. 

FEMALE  DIPLOMATISTS,  74. 

FOREIGN  COMMERCE. 

duties  of  consuls  in  extending,  157, 

FOREIGN  RELATIONS, 
conduct  of,  4. 
annual  publication  of,  33,  198. 

299 


OUR     FOREIGN     SERVICE 

FOREIGN  SERVICE, 
training  for,  197. 

FOREIGN  TRADE  OPPORTUNITIES, 
consular  reports  in,  163. 

FORMS,  275. 

FOSTER,  JOHN  W. 
services  of,  41. 
opinion  as  to  diplomatic  rank,  54. 

FRANKLIN,  BENJAMIN. 

chairman  committee  for  foreign  affairs,  1. 
character,  111. 
shrewdness,  IZ. 

FRANKLIN  PAPERS, 
custody  of,  35. 

FRAUDULENT  NATURALIZATION, 
reports  of,  148. 

FRENCH  LANGUAGE. 

knowledge    of,    indispensable    to    diplomatic    officers,   68,    70. 

FUNCTIONS. 

Department  of  Stale,  1-36. 
diplomatic  officers,  92-113. 
consular  officers,  117-177. 

FUNERAL   EXPENSES. 
of  consuls,  136. 


GOLDEN  RULE. 

rule  of  conduct  in  our  diplomacy  declared  by  John  Hay,  49. 

GORTCHAKOFF,  PRINCE,  71. 

300 


INDEX 

GOVERNMENT   PUBLICATIONS,   193. 

GRISCOM,  LLOYD  C. 

Ambassador  at  Rome,  65. 

GUANO  ISLANDS,  26. 

H 

HAGUE  CONFERENCE,  22. 

HAMILTON  PAPERS, 
custody  of,  35. 

HAY,  JOHN. 

diplomacy  of,  49,  104. 

"open  door"  policy,  41. 

characterization  of  diplomacy  of  Lincoln,  41. 

wit,  40,  63. 

HEALTH,  PUBLIC. 

duties  of  consular  officers,  142. 


IMMIGRATION. 

duties  of  consuls,  145. 

IMMUNITIES, 
consular,  136. 
diplomatic,  78. 

INDEMNITIES, 
custody  of,  34. 
distribution  of,  24. 

INDEXES  AND  ARCHIVES.  BUREAU  OF,  33. 

INFORMATION  BUREAU,  165. 

301 


OUR     FOREIGN     SERVICE 

INSPECTORS,  CONSULAR,  124,  129. 

INSTRUCTION  PERIOD, 
for  consular  officers,  133. 
for  diplomatic  officers,  84,  85. 

INSTRUCTIONS. 

definition,  5,  98. 
preparation,  5. 
form,   6. 

INSTRUCTIONS  TO  DIPLOMATIC  OFFICERS,  84. 

to  delegates  to  international  congresses,  conferences  and  com- 
missions, 14. 

INTERNATIONAL  ARBITRATIONS,  DIGEST  OF,  199. 

INTERNATIONAL    BUREAU    OF   THE   AMERICAN    RE- 
PUBLICS, 2,7. 
bulletin  of,  205. 

INTERNATIONAL  CLAIMS,  19. 

INTERNATIONAL  COMMISSIONS, 
accommodations  for,  38. 

INTERNATIONAL  LAW  DIGEST,  199. 

INTERPRETERS. 

at  legations  and  embassies,  65. 
at  consulates,  133. 

INVENTORY. 

consular,  of  public  property,  135. 

INVENTORY  OF  PROPERTY  OF  AMERICAN  CITIZENS, 
152. 

INVESTMENTS. 

consuls  prohibited  from  making  local,  175. 

302 


INDEX 


INVIOLABILITY. 

of  diplomatic  officers,  78. 

of  consular  archives  and  property   137. 

INVOICES. 

certification  of,  119,  138. 
forms,  275. 

J 

JAPANESE  SECRETARIES,  65. 

JEFFERSON  PAPERS, 
custody  of,  35. 

JUDGE-CONSUL,  117. 

JUDICIAL  DUTIES, 
consular  officers,  156. 
diplomatic  officers,  109. 
Secretary  of  State,  25. 


LANDING  CERTIFICATES,  140. 

LANGUAGES. 

examinations  in  for  consular  service,  126. 

LAW  CLERK,  37. 

LAWS. 

publication  of,  by  Secretary  of  State,  3. 
promulgation  and  custody  of,  35. 

LEAVE  OF  ABSENCE,  136. 

LEE,  ARTHUR,  46,  73. 


OUR     FOREIGN     SERVICE 

LEGAL  SERVICES. 

performance  by  consuls,  155. 

LEGATES,  51,  52. 

LEGATION. 

extraterritoriality  of,  83. 

LEISHMANN,  JOHN  G.,  54. 

LETTERS  OF  CREDENCE,  83,  85,  86. 

LETTERS  ROGATORY, 
execution  by  consuls,  154. 

LIBRARY,  DEPARTMENT  OF  STATE,  35. 

LINCOLN,  ABRAHAM,  39. 
diplomatic  skill  of,  41. 
humor,  61. 

LIST,  CONSULAR,  235. 

LIST,  DIPLOMATIC,  211. 

LITERATURE,  197. 

LOANS,  176. 

LOUIS  XL 

adoption  of  permanent  embassies  by,  46. 
instructions  to  his  ambassadors,  46. 

LOWELL,  JAMES  RUSSELL,  88. 

M 
McKINLEY,  WILLIAM,  42. 


INDEX 

MANUFACTURES,  BUREAU  OF. 

duties  in  promoting  American  industries  and  commerce,  160. 

MANUFACTURES,  IMPROVEMENTS  IN,  161. 

MARRIAGES. 

duties  of  consuls,  151. 

duties  of  diplomatic  officers,  98. 

MARRIED  WOMEN, 
registration  of,   148, 
citizenship  of,  184. 

MEDICAL  OFFICERS. 

detailed  at  Consulates,  142. 

MERCHANT  CONSULS,  120. 

MILITARY  ATTACHES,  65. 

MINISTERS. 

appointment  of,  2. 
salaries,  57. 
See  Diplomatic  Officers. 

MINISTERS  RESIDENT,  51,  52. 

"MONROE  DOCTRINE,"  41,  49. 

MONROE,  JAMES. 

opinion  concerning  salaries  of  diplomatic  officers,  60. 

MONROE  PAPERS, 
custody  of,  35. 

MONTHLY  CONSULAR  REPORTS,  157-160. 
For.  Serv. — 20.  -70^ 


OUR     FOREIGN     SERVICE 

N 

NATURALIZATION,  183-186. 

NATURALIZATION,  FRAUDULENT,  148. 

NATURALIZED  CITIZENS,  94,  187. 
expatriation  of,  187. 
passports  to,  190. 

NAVAL  ATTACHES,  65. 

NEGOTIATIONS,  8,  93. 
See  Treaties. 

NOTARIAL  FEES.  154,  172. 

NOTARIAL  SERVICES, 
by  consuls,  124,  154,  172. 
by  secretaries  of  embassy  and  legation,  65. 

NOTES. 

definition  of,  5,  99. 
preparation  of,  5. 
form  of,  7. 

NUNCIOS,  51,  52. 

o 

OATH  OF  OFFICE,  133. 

OATHS. 

administration  of  by  consuls,  154. 

administration  of  by  secretaries  of  embassy  and  legation,  64. 

OFFICE  FORCE. 

Department  of  State,  27. 

OFFICE  RENT,  136. 

306 


INDEX 

OFFICIAL  CALLS. 
consuls,  135. 
diplomatic  officers,  85,  106. 

OFFICIAL  RESIDENCES,  59. 

OLNEY,  RICHARD,  41. 

OTTOMAN  PORTE. 

practice  as  to  diplomatic  precedence,  53. 

OUTFIT,  57. 


PALMERSTON,  LORD,  46,  61. 

PASSPORT  FEES, 
amount  of,  188. 
custody  of,  34. 

PASSPORTS. 

issuance  in  United  States,   18. 

rules  governing  granting  in  United  States,  188. 

duties  of  consular  officers,  149. 

duties  of  diplomatic  officers,  95. 

emergency,  95,  149. 

to  Chinese,  190. 

PAUNCEFOTE,  LORD,  99. 

PERMANENT  COURT  OF  ARBITRATION,  22. 

PERSONNEL. 

diplomatic  service,  66. 
consular  service,  128. 

POLITICS. 

abstention  from,  enjoined,  103,  175. 


OUR     FOREIGN     SERVICE 

POPE. 

diplomatic  representatives  of,  52. 

POWERS  OF  ATTORNEY,  154. 

PRACllSING  AS  LAWYER, 
consul  prohibited  from,  155. 

PRECEDENCE,  DIPLOMATIC,  50-57. 

PRESENTATION  OF  LETTERS  OF  CREDENCE,  83,  85,  86 

PRESIDENT. 

powers  of,  in  foreign  affairs,  2-5,  50. 

function  in  extradition,  15,  16. 

function  in  relation  to  Guano  islands,  26. 

PRESIDENT'S  MESSAGES,  200. 

PRESS  REPRESENTATIVES,  40. 

PRIVILEGES. 

of  diplomatic  officers,  78. 
of  consular  officers,  136. 

PROCLAMATIONS. 

promulgation  and  custody  of,  35. 

PROMOTIONS. 

consular  service,  127. 

PROPERTY  OF  DEPARTMENT, 
custody  of,  34. 

PROPERTY,  PUBLIC. 

inventory  by  consular  officer,  135. 

PROPORTIONAL  REPRESENTATION, 
consular  appointments,  128. 

308 


INDEX 

PROTECTION. 

American  citizens,  94,  96,  139. 

PROTECTION  TO  INTERESTS  OF  FOREIGN  GOVERN- 
MENTS, 110,  147. 

PROTESTS. 

consular  officers  to  receive,  144. 

PUBLIC  MINISTERS. 

constitutional  provision  respecting  appointment,  50. 
act  of  1893,  50. 

PUBLIC  SPEECHES,  103,  175. 

Q 

QUALIFICATIONS. 

of  candidates  for  consular  examinations,  125, 
secretary  of  embassy  and  legation,  etc.,  64. 
consular  officers,  138. 
diplomatic  officers,  66. 

R 

RANK,  DIPLOMATIC,  50. 

RECALL. 

diplomatic  officers,  89. 

RECEPTION  OF  ENVOY,  85,  86. 

RECORDS. 

official  acts  of  diplomatic  officers,  98. 

passports,  34. 

in  Department  of  State,  33. 

REGISTER  OF  AMERICAN  CITIZENS. 
duty  of  consular  officers,  147. 


OUR     FOREIGN     SERVICE 

REGISTRATION. 
See  Citizenship,  Bureau  of,  34. 

REGULATIONS. 

governing  appointments  and  promotions,  217. 
governing  examinations  for  secretaries  of  embassy  and  lega- 
tion, 208. 
governing  examinations  for  consular  service,  221. 

REGULATIONS,  CONSULAR.  138. 

RELIEF  OF  SEAMEN,  143. 

REORGANIZATION  LAW,  CONSULAR,  123. 

REPORTS. 

fraudulent  naturalization,  148. 

naturalization  of  American  citizens  abroad,  148. 

REPORTS,  DIPLOMATIC,  100. 

RESIDENCE  IN  FOREIGN  COUNTRY, 
expatriation  by,  187. 

RESOLUTIONS  OF  CONGRESS, 
preparation  of  replies  to,  32. 

RETURNED  AMERICAN  MERCHANDISE,  141. 

REVIEW  OF  WORLD'S  COMMERCE,  158. 

REVOLUTIONARY  ARCHIVES, 
custody  of,  35. 

RIDDLE,  JOHN  W.,  65. 

ROLLS  AND  LIBRARY,  BUREAU  OF,  35. 

ROOSEVELT,  THEODORE,  42. 

310 


INDEX 

ROOT,  ELIHU. 

reorganization  of  consular  service,  123. 
public   services  of,  41. 

RUSSIAN-JAPANESE  WAR. 

termination  by  offices  of  President  Roosevelt,  42, 


SACKVILLE-WEST,   LORD, 
recall  of,  89. 

SALARIES. 

diplomatic  officers,  57. 
consular  officers,  123. 

SAMPLE  EXAMINATION  PAPERS,  223. 

SAMPLES,  AMERICAN,  165. 

SCOTT,  JAMES  BROWN,  204. 

SEAL,   DEPARTMENT, 
custody  of,  34. 

SEAL,  GREAT, 
custody  of,  35. 
to  what  impressions  are  affixed,  36. 

SEAMEN. 

duties  of  consular  officers  concerning,  119,  121,  143. 

SECOND  ASSISTANT   SECRETARY  OF  STATE,  29. 

SECRETARIES,  CHINESE,  65. 

SECRETARIES  OF  EMBASSY  AND  LEGATION. 

examination  and  appointment,  64,  68,  208. 

qualifications,  64. 

salaries,  64. 

notarial  functions,  65. 


OUR     FOREIGN     SERVICE 

SECRETARIES,  JAPANESE,  65. 

SECRETARY  FOR  FOREIGN  AFFAIRS,  1-3. 

SECRETARY  OF  STATE, 
origin  of  office,  1-4. 
rank  and  precedence,  4. 
presidential  succession,  4. 
duties  and  functions,  4-38. 
superintends    foreign   relations,   4. 
custodian  of  seal  of  United  States,  3. 
promulgation  and  publication  of  laws,  3. 
negotiation  of  treaties,  etc.,  8. 
extradition,   14. 
passports,  18. 
claims,  19. 

indemnities  and  trust  funds,  24. 
judicial  duty,  25. 
Guano  islands,  26. 
consular  service,  27. 
bureau  of  the  American  Republics,  37, 
demands  upon,  39. 

SENATE. 

share  in  appointing  power,  62. 

SEWARD,  WILLIAM  H.,  41. 

SHIPMENT  OF  SEAMEN. 

duties  of  consular  officers,  143. 

SHIPS  PAPERS. 

duties  of  consuls,  119,  143. 

"SHIRT  SLEEVE"  DIPLOMACY,  112. 

SOCIAL  DUTIES. 

diplomatic  officers.  60,  61,  105. 
consular  officers,  174. 

312 


INDEX 

SOCIAL  INTERCOURSE. 

importance  in  diplomacy,  60,  61. 

SOLICITOR, 
duties  of,  30. 

SOUVENIR  POST  CARD  COLLECTORS,  177. 

SPECIAL  AMBASSADORS,  52. 

SPECIAL  COMMISSIONERS,  52. 

SPECIAL  CONSULAR  REPORTS,  159. 

SPEECHES,  103,  175. 

STAMP  COLLECTORS,  177. 

STAMPS,  ADHESIVE. 

use  in  consular  service,  124. 

STUDENT  INTERPRETERS,  132. 

SUPREME  COURT  JUSTICES, 
relative  rank  of,  56. 


TAFT,  WILLIAM   H. 
diplomacy  of,  42. 

TARIFF  OF  FEES,  121,  168-173. 

TAXES,  137. 

TELEGRAMS. 

deciphering  of,  36. 
enciphering  of,  36. 


OUR     FOREIGN     SERVICE 

TESTIMONIALS  FOR  RESCUING  AMERICAN  SEAMEN, 
Z2. 

TEXT  WORKS,  201. 

THIRD  ASSISTANT  SECRETARY  OF  STATE,  29. 

TOWER,  CHARLEMAGNE,  59. 

TRADE  EXTENSION,  157. 

TRADE  JOURNALS,  165.  166  note. 

TRADE  PUBLICATIONS,  165,  166  note. 

TRADE  RELATIONS,  BUREAU  OF. 
duties  of,  36. 

TRANSIT,  134. 

TRANSPORTATION  OF  SEAMEN,  143. 

TREATIES. 

negotiation  of,  8-10,  93. 
form  of,  10-13. 
language,    10,   11. 
engrossing,  32. 
signatures,  9. 
ratification,  10. 
proclamation,  13. 

TREATIES,  ARBITRATION,  23. 

TREATIES  AND  CONVENTIONS, 
compilation  of,  198. 

TRUST  FUNDS, 
custody   of,   34. 
Secretary  of  State  to  determine  amounts  due  claimants,  24. 


INDEX 
U 

UNDERVALUATIONS, 
duties  of  consuls,  139. 

UNIFORM,  86. 

UNITED  STATES  COURT  FOR  CHINA,  110. 

UNOFFICIAL  DUTIES.  >^ 

diplomatic  officers,  107. 
consular  officers,  175. 

UNOFFICIAL  FEES. 

abolished  by  act  of  1906,  124. 

UNOFFICIAL  MATTERS, 
consuls,   175. 
diplomatic  officers,  107. 


V 


VAN  BUREN,   MARTIN,  41. 

VENEZUELAN-GUIANA  BOUNDARY  DISPUTE,  41. 

VESSELS. 

bills  of  health,  142. 
deposit  of  papers,  119,  121. 

VICE  CONSULS.  130. 

VICE  CONSULS-GENERAL,  130. 

VICE-PRESIDENT, 
relative  rank,  56. 


OUR     FOREIGN     SERVICE 

W 

WAGES,  SEAMEN'S. 

duties  of  consular  officers,  143. 

WAR. 

duties  of  consuls,  157. 

WASHBURNE,  ELIHU  B.,  111. 

WASHINGTON. 

standard  of  conduct  for  diplomatists,  49. 

WASHINGTON  PAPERS, 
custody  of,  35. 

WHEATON,  HENRY,  48,  70,  112. 

WHITE,  ANDREW  D. 

ambassador  to  Germany,  39,  106. 

WHITE,  HENRY,  65. 

WILL. 

American  citizen  dying  abroad,  152. 

WRECKS. 

duties  of  consuls,  119,  144. 


li6 


UNIVERSITY  OF  CALIFORNIA  AT  LOS  ANGELES 

THE  UNIVERSITY  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  helow 


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